The local health unit says a contempt of court notice was served against Rob Szalas, the owner of Dunaj the Downtown Doberman, on Friday.
Szalas is to appear before the court on Friday, January 23 for a Contempt of Court hearing.
A news release from the Health Unit says Szalas has failed to obey the court order to surrender his dog, Dunaj, to animal control.
"Szalas was ordered to surrender the dog on January 3, 2015 following an alleged breach in the agreement for home stay. He failed to do so.
"On January 9, 2015, he was ordered to surrender the dog again when he was formally served notice that his motion to appeal was dismissed by the Health Services Appeal and Review Board. He failed to surrender the dog."
Szalas has denied his dog has bitten the four victims, as claimed by the Health Unit.
Dunaj is now somewhere in New York state, under the care of The Lexus Project, which provides legal defence for dogs.
The Project's Facebook page says "the Doberman Dunaj was turned over to TLP by his owner in order to protect Dunaj as a precaution. The owners position was that the health department had breached the agreement and was not acting in good faith and was actively seeking to kill Dunaj."
But Medical Office of Health Dr. Jim Chirico told BayToday, “Regardless of where the dog is, Mr. Szalas failed to surrender his dog as he was directed to do in the court order. It will be up to the Court to decide what the consequences will be for Mr. Szalas.”
