Judge throws out contempt of court for dobie owner Szalas

Rob Szalas in a file photo at the North Bay Court House.

Justice Paul Rivard has dismissed a motion to find Rob Szalas in contempt of court.

The Medical Officer of Health, Dr. Jim Chirico called for the euthanization of a doberman owned by Szalas named Dunaj. The North Bay Parry Sound Health Unit has stated it investigated four bites and that Szalas did not comply with orders to hand over his dog to the local humane society and the Ontario Society for the Protection against Cruelty to Animals.

In court Tuesday morning, Justice Rivard made reference to the North Bay Humane Society’s role in the case, “you mean the humane society whose role is the protection of animals?”

Szalas treating Dunaj   Photo by Jeff Turl

Szalas sees Tuesday's  court results as a victory but only step one. "I feel pleased with Justice Rivard but I still really want my dog back."

The lawyer representing Szalas, Jonathane Ricci, was not required to speak to the court. Ricci explains Justice Rivard needed concise wording in the original motion. "This was the result I was expecting. There wasn't enough evidence to support the contempt charge."

Ricci added that Szalas and himself have not conferred on how to proceed.

Much of this morning’s court statements came from Christian Tremblay. He is counsel representing the medical officer of health, Dr. Chirico. Justice Paul Rivard asked Tremblay to go through his disclosure so he could try to understand his version of the facts. Justice Rivard questioned the wording in the original motion as not being clear and concise about what the dog owner should do, specifically with the use of the word “relinquish.”

There was a brief break in the proceedings when a loud scuffle in an adjacent hallway made tensions heighten.  On return, Tremblay argued letting people hide their dogs when faced with an order is sending the wrong message to the community.

Justice Rivard dismissed the motion of contempt of court. “I understand the dog has been placed in the care of a group in the U.S. If the dog is returned to North Bay, there is nothing stopping Dr. Chirico from making a new order on the dog.“ Justice Rivard said, “this decision is not likely to put the public at risk.”

Justice Rivard ordered that Szalas not be able to regain court costs, even though he was successful in resisting the motion.