News Release
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Tribunal Denies Appeal
The North Bay Parry Sound District Health Unit can now provide information regarding the situation with Mr. Szalas and his dog. This is due to a ruling by the Health Services Appeal and Review Board January 6, 2015 to deny Mr. Szalas’ appeal. The Health Unit is advising to not interact with this dog unless proper protective measures are in place.
Initial Order
The Health Unit took several steps to protect the public. Contrary to Mr. Szalas’ claims, the Health Unit has multiple well documented cases of people bitten by Dunaj. Prior to the order to have Dunaj euthanized, the Health Unit provided Mr. Szalas with verbal and written warnings that if he failed to prevent further attacks, charges and/or legal action would be brought against him. Mr. Szalas ignored the progressive discipline warnings and failed to prevent further attacks.
After careful consideration, the Health Unit issued a Section 13 Order under the Health Promotion and Protection Act to have Dunaj euthanized. This is an order that is served to an individual or an organization after a careful risk assessment is conducted and it is deemed on reasonable and probable grounds that a health hazard exists.
Mr. Szalas had the opportunity to appeal the order with the Health Services Appeal and Review Board and chose to do so, with the help of legal counsel. The Health Unit provided all their evidence to the Board.
Temporary Release
Just before Christmas, the Health Services and Appeal Board held a pre-hearing teleconference. During that mediated call, the Health Unit and Mr. Szalas with his lawyer, agreed upon conditions to release Dunaj into Mr. Szalas’ care pending the hearing. Mr. Szalas was to have his dog under strict confinement until the hearing with the Health Services Appeal and Review Board.
Following the dog's release from the Humane Society, the Health Unit received significant evidence that Mr. Szalas had breached that agreement. According to the agreement, if a breach occurred, Mr. Szalas would surrender the dog until the Health Services Appeal and Review Board reviewed the evidence regarding the breach of conditions.
The Health Unit then attempted to get the dog back into custody. The owner was asked to voluntarily surrender the dog. He initially agreed and a mutually acceptable time was set to pick up the dog. When the time came, Mr. Szalas refused to return the dog. The Health Services Appeal and Review Board issued a court order to have Mr. Szalas surrender his dog to the Humane Society by Friday, January 2 at noon. At the request of his counsel, he was provided an extension to return the dog on January 3 by noon. He again failed to return the dog.
The Health Unit followed legal process set by the Health Services Appeal and Review Board guidelines. Rob
Szalas has had legal representation and opportunities to respond within this legal process. He has failed on multiple occasions to adhere to the process.
As a result of Mr. Szalas’ failure to comply with orders of the Board, the Health Services Appeal and Review Board ruled on Tuesday to dismiss Mr. Szalas’ appeal. Consequently, Mr. Szalas’ dog was ordered to be euthanized.
Process for Investigating Animal Bites
Under Regulation 557 of the Health Promotion and Protection Act, anyone with information about an animal
bite must notify the Health Unit. While most dog bites are minor, some can be devastating. Animal bites can
result in disfigurement, disability, and may even be fatal. Bacterial infections are common with dog bites. Rare
infections such as rabies (virus) or tetanus (bacteria) must also be considered. Treatment for a bite can be long
and painful. The physical and emotional suffering and scars are real and can last a lifetime.
The Health Unit deals with about 400 animal bites a year. Most dog owners are very responsible and take
measures to prevent repeated dog bites from occurring. These measures may include:
• confining the dog to its owner’s property
• entering the dog in dog obedience classes
• restraining the dog by means of a leash or muzzle, or both, especially when the dog is in a public
venue like downtown
• posting warning signs
The vast majority of dog bites do not result in the dog being euthanized. The very last resort is issuing an order
to euthanize a dog. Before that decision is made, many factors are carefully considered, as outlined in the Dog
Owner’s Liability Act such as:
1. The dog’s past and present temperament and behaviour.
2. The seriousness of the injuries caused by the biting or attack.
3. Unusual contributing circumstances tending to justify the dog’s action.
4. The improbability that a similar attack will be repeated.
5. The dog’s physical potential for inflicting harm.
6. Precautions taken by the owner to preclude similar attacks in the future.
7. Any other circumstances that may be relevant.
As mandated, the Health Unit takes their responsibility seriously to ensure the public is safe from dogs at high
risk for biting people.
Facts:
Section 13 Order
Under Section 13 of the Health Promotion and Protection Act, the medical officer of health may make an
order, upon reasonable and probable grounds, that a health hazard exists within the health unit area and that
the requirements specified in the order are necessary in order to decrease the effect of, or to eliminate the
health hazard. In the Act, a health hazard can mean a substance, thing, plant or animal.
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h07_e.htm#BK16
Health Services Appeal and Review Board
This Board is an independent, adjudicative Board and is not part of the Ontario Ministry of Health and LongTerm
Care. You can find out more about their Rules of Practice and Procedure.
http://www.hsarb.on.ca/scripts/english/legal.asp#rules
