Beverly Brooks

This decision concerns a Part I trial under the Provincial Offences Act where Karmen Gazvoda was charged with violating Chapter 349 Section 12a of the Toronto Municipal Code for allowing her dogs to run at large (unleashed) on a neighbour’s property.

The prosecution relied on video evidence and witness testimony, including an Animal Care and Control Officer and the complainant neighbour.

The defence presented evidence that the dogs escaped through holes dug under a sturdy fence built and maintained by the defendant and her husband, allegedly sabotaged by the neighbours.

The Justice of the Peace found the defendant credible and accepted that she did not cause or permit the dogs to be at large, acquitting her of the charge.

The City of Toronto charged Islington Lakeshore Mall Inc. and 1767734 Ontario Inc. with zoning bylaw violations under the Etobicoke Zoning Code and the Planning Act, specifically concerning outdoor storage of scrap metal, used parts, and inoperative/derelict vehicles exceeding 10% of the lot area at two properties.

The defendants argued that a newer city-wide bylaw applied and that they had a legal nonconforming use defence, citing ongoing cleanup efforts and personal hardships.

The court found the Etobicoke Zoning Code was still in effect, the actus reus of the offences was proven beyond a reasonable doubt, and the defendants failed to establish a due diligence defence or a legal nonconforming use defence.

The defendants were found guilty on all counts.