- June 26, 2013 at 1:22 am #106
Rick Cognyl FournierKeymaster1p
Rumby’s motion was filed today, court fees & bailiff came to $408. The Court date is set for the 12th of July.
On Easter weekend 2013, Rumby’s owners were away so a friend was left in charge of him. What exactly happened during those few minutes is still vague. Yes there was an injury involved but what lead to it and why is being ignored by the City of Montreal. The Yorkie was very dog reactive and always tried to provoke Rumby who normally always remained calm. In fact, Rumby’s leash is tied to the baby stroller while he goes for walks with his family. You absolutely cannot do that unless you have a well-behaved dog. In this particular incident however, both dogs were on leash while being walked in an alley by their respective handlers.
FOR THESE REASONS, MAY IT PLEASE THE COURT:
STAY the execution of the order of the Defendant to euthanize the Plaintiff’s dog, dated April 17, 2013 (the “Order”), until a decision is rendered by the Court on the merits of the case;
GRANT the present Motion for judicial review;
QUASH the Order of the Defendant;
QUASH all the citations against the Plaintiff relating to the non-compliance with the Order, if applicable;
CONDEMN the Defendant to pay to the Plaintiff the amount of $5,000 in punitive damages, with interest at the legal rate, as well as the additional indemnity provided for in article 1619 of the Civil Code of Quebec, to accrue from April 17, 2013;
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