Rob Szalas feeds his Doberman Dunaj in this file photo. The Health Unit is appealing the dismissal of a contempt charge after Szalas refused to hand his dog over to be destroyed. The dog is now somewhere in New York state.
The Health unit is going after a local dog owner like --- a dog on a bone.
It's appealing a judge's decision to dismiss a motion to find Doberman owner Rob Szalas in contempt of court.
In a "Notice of Appeal" obtained by BayToday, Medical Officer of Health Jim Chirico, through his lawyer Christian Tremblay is asking the Court of Appeal to set aside the dismissal.
See related story: Judge throws out contempt of court for Dobie owner Szalas
http://www.baytoday.ca/content/news/details.asp?c=76487
Chirico wants the decision reversed so that
- Szalas is found in contempt of court,
- Szalas be granted an opportunity to purge his contempt, failing which a period of incarceration should be ordered
- Szalas pays costs of the appeal on a substantial indemnity basis
His grounds of appeal are listed as:
- The Honourable Justice Rivard erred in law in dismissing the Motion of Contempt after acknowledging that the Applicant (Szalas) wilfully and deliberately took steps to avoid compliance with an order.
- The Honourable Justice Rivard failed to consider appropriate case law and failed to apply proper law to the facts established.
Chirico declined a BayToday request for an interview, and estimate of legal costs so far, and instead issued this statement.
“We can confirm that the Health Unit, through our legal counsel, has filed a notice to appeal the decision. We have not received notification of the court date for the hearing.”
Regarding legal costs, “You are more than welcome to this information by submitting an application under the Freedom of Information process to the Health Unit,” replied Chirico.
However the lawyer for Szalas isn't so shy, hammering Chirico hard.
"In our belief this is an ego-driven appeal," Jonathane Ricci said. "The fact that the Health Unit would spend time, money and resources to go into a Toronto Court of Appeal and argue that my client violated a court order is extremely surprising to me, especially considering what happened up in North Bay.
"To me they are using the court process unnecessarily, and for that, this will cost them more than they think," he told BayToday.
Ricci said the cost will come in both dollar and public relations damage.
A phone call asking Health Unit lawyer Christian Tremblay for comment, was not returned.
