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Case information

Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.


38816

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

(British Columbia) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2020-02-06 Close file on Leave
2020-01-17 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2020-01-17 Judgment on leave sent to the parties
2020-01-16 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA45880, 2019 BCCA 294, dated August 9, 2019, is dismissed with costs.
Dismissed, with costs
2019-12-09 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-11-07 Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-11-07 Susan Leah Santics
2019-10-28 Notice of name, (Letter Form) Bob Cristofoli, Animal Control Officer for the City of Vancouver
2019-10-28 Certificate (on limitations to public access), (Letter Form), 23A Bob Cristofoli, Animal Control Officer for the City of Vancouver
2019-10-28 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-10-28 Bob Cristofoli, Animal Control Officer for the City of Vancouver
2019-10-09 Correspondence received from, (Letter Form), CA Order Form - October 22, 2019 Susan Leah Santics
2019-09-27 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2019/09/27
2019-09-24 Certificate (on limitations to public access), (Letter Form) Susan Leah Santics
2019-09-24 Application for leave to appeal, (Book Form), CA Orders missing (rec'd 2019-10-26), Completed on: 2019-12-10 Susan Leah Santics

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Santics, Susan Leah Applicant Active

v.

Main parties - Respondents
Name Role Status
Bob Cristofoli, Animal Control Officer for the City of Vancouver Respondent Active

Counsel

Party: Santics, Susan Leah

Counsel
V. Victoria Shroff
Amber Prince
Erin Reimer
Shroff & Associates
1700-808 Nelson Street
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 891-0209
Email: shroff@telus.net
Agent
Moira Dillon
Supreme Law Group
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca

Party: Bob Cristofoli, Animal Control Officer for the City of Vancouver

Counsel
W. Robert Leblanc
City of Vancouver
270-900 Howe Street
Vancouver, British Columbia
V6Z 2M4
Telephone: (604) 665-2121
Email: robert.leblanc@vancouver.ca
Agent
David R. Elliott
Dentons Canada LLP
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com

Summary

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

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

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.

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

Webcasts

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Date modified: 2025-02-27