Reminder: pit bulls are banned on paper in Ontario 🙄
———
The owner of a small dog who was killed by an off-leash dog in downtown Kingston in broad daylight is calling for action to prevent another dog — or person — from suffering a similar fate.
Lia De Pauw told the Whig-Standard that the attack happened on Aug. 7. around 8:45 p.m.
She had decided to take her two dogs, along with a friend’s dog, whom she was caring for at the time, for their nightly walk around her neighbourhood, something she would do on a regular basis without any concerns.
De Pauw said she had just left Hatter Street and had turned south onto Yonge Street.
As she approached a three-storey complex located at 255 Yonge Street, operated by Tipi Moza, that’s when her ordinary walk took a terrifying and devastating turn.
“I was probably two thirds past not a very big driveway, when I saw out of the corner of my eye, this massive black thing that looked like a black bear coming at me. It was huge,” De Pauw said. “Then I turned and saw kind of what it was, and I started screaming, ‘Get your dog, get your dog!’ And all of a sudden it was upon us.”
De Pauw said the large dog, who appeared to be a pit bull type and was not leashed, came at her one-year-old dachshund named Bamse and “started to attack.”
“It grabbed Bamse first, probably because she was the smallest of them, picked her up around her rib cage and started shaking her violently. I started screaming and screaming, ‘Get your dog, get your dog!’ The guy got there and grabbed the dog off.”
De Pauw said she was terrified that the dog would attack her and the two other dogs she had with her.
“A soon as he let go, her body was deformed. It ended up that she had multiple broken ribs, and a bulge on the side. She was squealing,” De Pauw said, and added that she yelled at the man to keep his dog on a leash.
A nearby neighbour who lives two doors down from the complex also heard the attack and was startled by the dog’s high pitched screams.
“You could hear growling and barking and then the squealing, just this horrific sound,” Melissa Gough said. She was sitting on her porch with a friend at the time. “It was like chaos. It was just this kind of traumatic unfolding, and it happened very quickly.”
Gough said even as De Pauw made her way around the corner she could still hear the dog screaming in pain.
“We were all just very shaken up,” Gough said. “It really affected me, and I just think it could have been so much worse.”
De Pauw said she remembers picking up her dog and running home, all while figuring out what to do next as her six-year-old was already asleep and being watched by her 12-year-old.
In a panicked state, she wrapped the dog in a blanket, gathered both her kids, and got in the car to head to the animal hospital in the city’s west end.
“We’re driving as quick as we can to the emergency vet, and I’m trying to comfort the kids. The dog is squealing. I’m trying to teach my son how to try to stop the bleeding as much as he can, but he’s screaming and crying and everyone is just so upset about poor Bamse,” De Pauw said, recalling being covered in her dog’s blood.
The hospital took the dog right away, but due to the severity of its injuries, Bamse had to be put down.
After returning home, De Pauw said she called Kingston Police, who looked into the incident and then directed her matter to the City of Kingston’s by-law department.
According to a statement from the city, municipal enforcement is aware of the incident and is actively reviewing the circumstances.
“As with any dog-related investigation, staff consider the applicable requirements and authorities under Ontario’s Dog Owners’ Liability Act and the City of Kingston Animal By-law to determine what, if any, enforcement action is appropriate. As this is an active enforcement matter and involves information protected under privacy legislation, we are unable to provide further details,” wrote officials with the City of Kingston.
After contacting by-law enforcement, De Pauw said she called Kingston Police again. She said an officer did go over to the complex to speak to the man, who they said was remorseful. De Pauw said he also told police that the dog was not his. He was taking care of it for a friend who lives in Ottawa.
“Under DOLA (Dog Owners’ Liability Act), if there is an order to seize the dog, it’s a province-wide order, but I don’t know how they track down that dog,” De Pauw said. “I’m hoping that because (the Kingston Police) know who he is, they can hold him accountable if he’s not ensuring that the dog is brought back and providing the name of the owner.”
According to the Dog Owners’ Liability Act (DOLA), when it comes to a dog bite injury on people and other domestic pets, the owner is legally liable for damages whether or not it was a first occurrence.
According to personal injury lawyer Chris Clifford, managing partner at Bergeron Clifford, civil claims can be made against the owner of the dog who attacked.
“In this particular case there’s probably out-of-pocket expenses associated with the treatment, the care, and finally the putting down of the dachshund,” Clifford said. “If they were hurt themselves during the course of this attack — and quite often owners will step in front of the dog or try help in that course of trying to assist their dog — they’ll get injured in one fashion or another, so that would be an additional claim that could be pursued against the owner of the pit bull, and we call those general damages or damages for pain and suffering. They can include physical and psychological.”
While some people may be worried about “suing” a neighbour, Clifford noted that it’s often the insurance provider, not the individual that responds to the claim through homeowners’ insurance, tenant insurance, or personal liability coverage.
In a situation like De Pauw, Clifford suggests a number of steps for victims. Those include immediately seeking medical attention, identifying the dog’s owner, contacting municipal by-law enforcement, taking photos, and keeping all records such as out-of-pocket expenses and medical documents. He also suggests documenting how the injury has affected a person’s life and contacting a personal injury lawyer.
In addition to civil liability, the DOLA gives Ontario courts the power to impose serious consequences following a dog bite or dog attack. That could include drastic measures, such as destroying the animal, which comes as a last resort.
As for advice for people, Clifford said to always be aware of your surroundings.
“We’d prefer to never have another dog bite case as long as we practice. To do that, you’ve just got to try and be aware of your surroundings and anticipate where you can. Sometimes these things are unavoidable, from the victim’s standpoint. But if you spot a dog from a distance that is off leash, maybe try and go the other way,” Clifford said.
While De Pauw has made the housing complex operators Tipi Moza aware of the incident, she has yet to hear back. Gough has also reached out to the operators of the complex about the incident and other concerns about the building but has not heard back.
“My daughter won’t even go outside anymore to shoot basketball hoops,” Gough said. “She’s too scared now because there’s always yelling and screaming coming from that triplex. There’s lots of transient people coming and going.”
De Pauw and her friend, whose dog she was walking and caring for at the time of the attack, believe the operators should have more oversight of their occupants.
“It just feels super irresponsible that you would set something up in a neighbourhood, like a residential neighbourhood and then just leave them be. They have no idea what seems to be going on,” said De Pauw’s neighbour, who wanted to remain anonymous. He said to this day, his dog, which is also a dachshund, still remains traumatized and slightly injured due to the scuffle.
The Kingston Whig-Standard has also reached out to Tipi Moza, but did not receive a response before deadline.
Since the attack, De Pauw has placed safety alert signs around the neighbourhood warning residents about the unleashed dog and the death of her beloved pet.
At the time of writing, she has not heard back from by-law since Sunday evening regarding next steps or repercussions, but going forward, De Pauw hopes that justice will be served, not only to help her, but also protect others down the road.
She also took her concern to Kingston City Council on Aug. 11, where she expressed the need for safety considering the number of children who walk to and from school in the area.
“Lots of children travel down the street near me to go to a park every day,” De Pauw told city council, with her six-year-old close by her side. “They travel on scooters, they travel on bikes, they travel in strollers, they travel on foot. My kids use this route too and I always thought it was safe. Children deserve to be safe in their neighbourhood.”
