The City of Victoria has won an injunction against a resident who it says violated its Animal Responsibility Bylaw by failing to control his canine on numerous occasions.
Court records show that Michael Evans was issued at least seven tickets last year for bylaw infractions related to his dog Darla, designated as B次元官网网址渄angerousB次元官网网址� for a 24-month period under the bylaw on Feb. 25.
Last week, the B.C. Supreme Court granted the cityB次元官网网址檚 request for interlocutory injunctions requiring Evans to license his dog, as well as abide by the bylawB次元官网网址檚 dangerous dog provisions until the court decides on the cityB次元官网网址檚 petition, or until Feb. 25, 2024 B次元官网网址� whichever comes first. An interlocutory injunction is a court order that is issued while a case is still ongoing.
The city submitted affidavits in support of its petition from animal control officers, neighbours of Evans and two members of the public B次元官网网址� one of whom claims to have been bitten by Darla, the other claiming that Darla had bitten their own dog.
In the decision, Darla is described as a B次元官网网址減itbull catahoula cross breedB次元官网网址� with short, tan-coloured hair and white patches, though Evans has denied the dog being a pitbull. It also noted that the dog was unlicensed for 2022.
B次元官网网址淢r. Evans filed no affidavit evidence in answer to VictoriaB次元官网网址檚 application,B次元官网网址� Justice Anthony Saunders wrote in his decision. B次元官网网址淥n the hearing of this application, he submitted that his dog is not dangerous. He denies that his dog has ever bitten anyone. He disputed the sufficiency of the steps taken by Victoria to notify him of the dangerous dog designation.B次元官网网址�
According to Saunders, the question of whether or not Darla is dangerous was not a matter for the court to decide in consideration of the cityB次元官网网址檚 application.
B次元官网网址淭he dog has been designated as dangerous. Mr. Evans has not taken steps to challenge that designation,B次元官网网址� he wrote. B次元官网网址淯nless that designation is overturned by this court, or its operation suspended, the designation is presumptively valid and lawful, and Mr. Evans must fulfill the duties of an owner of a dangerous dog as set out in the bylaw.B次元官网网址�
Photos presented to the court in evidence show Evans hadnB次元官网网址檛 fulfilled those duties, added the judge.
B次元官网网址淭he evidence clearly establishes B次元官网网址� that Mr. Evans has breached the bylaw repeatedly and in numerous respects. There no exceptional circumstances that would justify Victoria not being granted the remedy it seeks,B次元官网网址� he wrote.
Saunders ordered Evans to obtain a valid licence for his dog and keep it licensed throughout court proceedings.
Evans was further ordered to comply with the bylawB次元官网网址檚 dangerous dog provisions, which include displaying a dangerous dog sign from his property, keeping the dog fitted with a muzzle and leash when outside the home and immediately notifying Victoria Animal Control Services Ltd. in the event the dog is loose, or if the dog has bitten or attacked any person or animal.
Court costs were also awarded to the city.
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