Summary

38816

Susan Leah Santics v. Bob Cristofoli, Animal Control Officer for the City of Vancouver

(British Columbia) (Civil) (By Leave)

Keywords

Municipal law — Animals — Dangerous dogs — Jurisdiction and powers of provincial court — Statutory interpretation — Whether provincial courts have jurisdiction — implied or ancillary —to grant orders other than to destroy or return a “dangerous dog” under the Vancouver Charter, S.B.C. 1953, c. 55, and Community Charter, S.B.C. 2003, c. 26 — What is the appropriate legal test to determine that a dog is so dangerous that he or she must be destroyed, and who bears the onus of satisfying that test? — Vancouver Charter, S.B.C. 1953, c. 55, s. 324.1. — Community Charter, S.B.C. 2003, c. 26, s. 49.

Summary

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An animal control officer applied to the Provincial Court of British Columbia to have the applicant’s dog, Punky, destroyed pursuant to s. 324.1(10) of the Vancouver Charter, following its attack on a woman in a park in Vancouver. The Provincial Court of British Columbia found that Punky was a “dangerous dog” within the meaning of s. 324.1(1) of the Vancouver Charter and ordered that he be “destroyed” by a qualified veterinarian pursuant to s. 324.1(10). Both the Supreme Court of British Columbia and the Court of Appeal for British Columbia dismissed the applicant’s appeal from the Provincial Court of British Columbia’s order.

Lower Court Rulings

July 25, 2018
Provincial Court of British Columbia

36061, 2018 BCPC 381
Applicant’s dog found to be “dangerous dog” within the meaning of s. 324.1 of the Vancouver Charter, S.B.C. 1953, c. 55, and ordered to be destroyed.
January 10, 2019
Supreme Court of British Columbia

2019 BCSC 24
Appeal dismissed
August 9, 2019
Court of Appeal for British Columbia (Vancouver)

CA45880, 2019 BCCA 294
Appeal dismissed.