The defendant, 1692038 Ontario Ltd. (Dino’s No Frills), was charged under the City of Toronto Municipal Code for refusing to permit a person with a service animal to remain in their food premises.
The service animal, Odin, was not wearing a visual identifier.
The court focused on whether documentation confirming the need for a service animal was provided by the complainant.
Due to inconsistencies in witness testimony regarding the provision of this documentation, the court applied the R. v. W.(D.) credibility analysis and found that the prosecution failed to prove beyond a reasonable doubt that the required documentation was not provided.
Consequently, the charge was dismissed.
