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Updated: Lively dogs involved in attack seized by city

Dog Owners Liability Act used in rare instance to seize dogs
Tonka, elkhound killed in Lively
Tonka, an eight-year-old purebred norwegian elkhound, was attacked and killed Wednesday by two dogs, Supplied photo.

The city's manager of bylaw services and Greater Sudbury Police officers seized two dogs Saturday morning believed to be involved in an attack on an eight-year-old Norwegian elkhound that was euthanized due the severity of its injuries.

“For the past couple of days our people with bylaw have been working behind the scenes in order to get a warrant from a Justice of the Peace in order to seize the dogs,” said Ward 2 Coun. Michael Vagnini, who represents Lively, where the attack against Tonka the Norwegian elkhound took place.

To his knowledge, Vagnini said it was the first time bylaw officers with the City of Greater Sudbury had used the Dog Owners Liability Act to seize dangerous dogs from their owner.

Vagnini said the city obtained a warrant Friday afternoon, and early Saturday morning, just after daybreak, Brendan Adair, the city's manager of Security and Bylaw Services, was accompanied by police officers to seize the two dogs and bring them to animal control.

Under the Dog Owners Liability Act the owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal.

Tonka's owner, Terry Matthews, previously told Sudbury.com her family was left hurting after they had to euthanize their beloved pet.

“They ripped him apart. These were kill wounds. These weren't dogs just out for a dog fight. Tonka's skin and hair was left in my driveway. He might have been able to be pieced back together, but I know from what Tonka went through to recover from his injuries in July, he never would have recovered from this attack.”

Matthews said she and her husband had no choice but to euthanize Tonka, which was the veterinarian's recommendation.

The same two dogs — described by Tonka's owner as a husky and a bull-mastiff mix — attacked Tonka in July 2016. Adair said an investigation was conducted under the former contractor, Rainbow District Animal Shelter, and a fine was issued against the dogs' owner. A vicious dog order was never issued.

These fines are set at $105 with $25 surcharge under the Animal Control bylaw.

Vagnini said he was unsure what will happen to the two dogs the city seized Saturday morning, but added euthanasia is a possibility.

In a statement the city confirmed it seized two dogs responsible for the attacks, and that they are being held at the city’s animal shelter pending a decision by the court.


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