Stephen Burnley was enjoying his Newmarket backyard with his partner and dog on Canada Day when he said they fell victim to an unexpected attack.
What they believe to be a pit bull mixed dog hopped over the neighbours fence into their backyard, quickly running over to attack Burnley’s dog, Rex, he recounted. A struggle ensued, with both Burnley and his partner suffering bites trying to get the stranger’s dog off of theirs.
“It was a very brutal attack,” Burnley said, adding that Rex also injuried. “(Rex) was on his back, and their dog had grabbed him by the throat and was trying to drag him away … All I was trying to do was stop the dog from shaking (his head). That is basically how they kill their prey.”
Although they eventually broke up the fight, Burnley said the injuries were significant. The experience has led to a months-long saga for Burnley’s family that has left him skeptical and concerned regarding the laws and enforcement around violent dog attacks.
Burnley recounted passing out and getting taken to the hospital, needing stitches after the attack. He said he had four breaks or fractures after the incident, primarily around his thumb, where the neighbour’s dog had bitten him.
The experience naturally led Burnley, who lives on Wayne Drive, to call authorities and address the situation.
The Town of Newmarket’s animal services did issue a dangerous dog order after the incident, Burnley said, which required it to be tethered on the property in the backyard. But Burnley said his neighbour had flagrantly disregarded the order and has personally logged more than 290 violations, and getting it enforced has not been easy.
The Town of Newmarket confirmed it is engaged in enforcement measures regarding the incident and is investigating. However, it said the case file is not regarding a pitbull.
Animal Services supervisor Jacob Brewer said all dogs are treated equally under the municipal bylaw and they focus on aspects like the severity of the dog bite, the dog's history and the likelihood of the act being repeated.
"The vast majority of aggressive dog incidents are successfully mitigated without further incident through general enforcement of the municipal animal control bylaw," Brewer said.
Burnley also said the municipality was reluctant to escalate the matter to the provincial legislation, the Dog Owners’ Liability Act. The concern, Burnley said, is that the case may not be strong enough to stick without a second strong occurrence like the dog attacking again.
“Now I have to have a very sophisticated case of defence protocols, I have to keep us safe,” he said. “DOLA, basically the way the law is written, it’s not enforceable. All of the municipalities are scared to death to do anything.”
The act holds owners accountable for their dogs’ attacks, regardless of the breed. It also gives a court an option to destroy a dog for public protection.
Brewer said the municipality can choose to issue a notice to muzzle or a dangerous dog order, or escalate through DOLA for further provisions.
"DOLA requires an often-lengthy court process which could delay the measures to control the dogs coming into effect. Municipal orders can be implemented immediately," Brewer said.
Both the notice to muzzle and dangerous dog order have the same requirements, but the dangerous dog order adds some additional measures like a requirement to microchip and spay/neuter.
The act also lays out a ban on pit bull ownership, and Burnley said he is confident the offending dog is a pit bull mix.
However, Burnley said he does not believe in destroying the dog. Rather, he said he believes the owner should not be allowed to own dogs.
The Ford government has made adjustments to DOLA in recent years. In 2021, it returned, to owners, dogs that were seized because they looked like pit bulls, while breed designations were conducted.
DOLA also governs the seizure of animals in the interest of public safety.
Last month, City of Toronto council requested the province consider amending DOLA to speed up the process of hearing proceedings, as well as provide a cost-recovery mechanism for municipalities when they hold animals under a DOLA warrant or order.
Vicious dog attacks are not new to Newmarket, Last summer, a child was seriously injured by three dogs, resulting in them being euthanized. In a separate incident, a dog owner reported having their dog attacked and injured by a larger dog while out for a walk.
The dispute between Burnley and his neighbour has boiled over more personally. Burnley said after he photographed the offending dog April 15, his neighbour became irate and eventually threw a rock and smashed Burnley's window.
In relation, York Regional Police confirmed that a man was charged with mischief for the rock thrown through the window.
Burnley said he worries about dog attacks until change comes regarding how the laws get enforced.
“I'm very desperate in trying to get people to understand there’s a really big problem here,” he said but added that, “it is the owners. It’s not really the dogs.”
