Vancouver man did not allow dog to attack toddler, court finds

This photo shows a Staffordshire terrier, the same breed of dog as the one involved in the court case described in this story. (Credit: Shutterstock)

A B.C. man charged with allowing his dog to attack a toddler has been found not guilty, with a judge finding there was not enough evidence to prove the child was harmed or that the pup's owner was responsible.

A recently posted provincial court judgment describes the 2020 incident in which a Staffordshire terrier mix named Rousey was alleged to have knocked over and bitten a woman's young son. The dog's owner was charged with violating the City of Vancouver's animal control bylaws.

Kevin Lam met a friend at New Brighton Park, where the pair were playing with their dogs, the court heard. Lam admitted his dog was off leash, something that is not permitted at the park but which Lam said in his evidence he was unaware of at the time.

THE DOG

Rousey, at the time, was about two-and-a-half months old and weighed 22 pounds. The pup was described by Lam as a playful, energetic young animal who had never shown any aggression at home and "had been coexisting peacefully and amiably with Mr. Lam’s 86-year-old grandma and his two little, four and six years old, cousins," the judgment reads.

Judge Zahid Makhdoom said he was never shown any photos of the dog.

"Unlike most other 'dog cases,' where dog pictures are proudly shared by their adoring owners or, dutifully, by the city, I was not shown any mug-shot of Rousey. Although I heard a lot about her character and demeanour, her appearance remained largely a mystery!" he wrote in his decision.

However, he did note that Rousey's breed does resemble a pit bull, "a breed that does not enjoy great deal of public affection and trust." While the City of Vancouver does not ban those dogs or have any breed-specific by-laws, jurisdictions with pit bull bans also prohibit Staffordshire terriers.

THE INCIDENT

While Lam and his friend were playing fetch with their off-leash dogs, two moms with their toddlers in tow were also enjoying an afternoon at the park, the court heard.

Sarah Matthee was with her 14-month-old son Grayson and Stephanie Albrecht had her daughter Elliott, the pair had met up to enjoy some socially-distanced company and fresh air amid ongoing COVID-19 restrictions.

"Upon noticing two young children, the dogs bolted towards them. Both mothers yelled to have their owners put these dogs on leash," the court heard.

Matthee said Rousey ran into her son, "knocking him over, and then 'attacking' his face" and that she later noticed “small teeth marks on his cheek and some swelling around the eye,” according to the judge.

Lam and his friend leashed their dogs but the police were ultimately called.

No one was arrested but an animal control officer did attend, taking statements from both Lam and Matthee. That day, after her husband came and met her at the park, Matthee took Grayson to BC Children's Hospital.

THE EVIDENCE

Makhdoom said Matthhee's fear and distress in the circumstances were understandable.

"A high-energy rambunctious dog, looking like a pit bull, knocks over an unsteady toddler and, allegedly, set upon that toddler placing her open mouth on the toddler’s face. Or so it seemed to his mother. Such a scenario would likely terrify anyone let alone the mother of that little guy," he wrote.

"While making loud entreaties to Lam and Isaac to leash their dogs, she was reminding them that this an on-leash park. Her fears became real when Grayson fell over. She admitted being very upset, almost hysterical. Grayson was crying inconsolably. In the meanwhile, the dogs had also commandeered little Elliott’s doll."

However, the judge also said there were a number of inconsistencies in Matthee's testimony and that the medical evidence provided did not show an injury. The report from the emergency department at BC Children's Hospital, the court heard, recorded "two tiny dots" on the child's face and no blood or broken skin and described the toddler as smiling and running around.

The judge found Lam's evidence consistent and credible.

THE VERDICT

The judge found that there was not enough evidence to support the allegation that the dog had attacked the child.

"Taking into account all the evidence before me, I am leaning to accept that no injury was caused to Grayson. Rousey and her companion (dog) were not interested in playing with the children. They were quite content playing ball … Rousey's was a rather strident pursuit of a ball that may have landed in the proximity of Grayson," he said in his ruling, acknowledging there may have been some contact between the two but saying there was reasonable doubt as to whether that contact could not be characterized as an attack.

"The actions of Rousey and the subsequent medical condition of Grayson show that Rousey was set upon forcefully to get his ball and not upon Grayson. Little Grayson just happened to be there."

Lam was also charged with failing to register his dog as required by the city. The judge found him guilty of that, saying he did not get a licence for the pooch until October of 2020.