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.