TORONTO, June 16 /CNW/ - Phillip Huggins' dog, Ginger, has been in
custody at the City of Toronto Animal Services since December 9, 2005, under a
pending death sentence.
Ginger was seized and ordered into custody at a City pound after a fight
broke out between Ginger and another dog on November 29, 2005. After a trial
before a Justice of the Peace in the Ontario Court of Justice on July 11,
2007, Ginger was ordered to be destroyed. Mr. Huggins appealed that decision
to a Judge of the Ontario Court of Justice and won. Now the City and the
Attorney General of Ontario are asking the Court of Appeal for permission to
appeal that judgment and have Ginger destroyed. That motion will be argued on
June 17, 2009 at Osgoode Hall, Courtroom No.7, in the Court of Appeal at
The order of December 9, 2005, under which Ginger has been impounded for
the past three and a half years, was purportedly made under section 4(2) of
the Dog Owner's Liability Act. However, nothing in section 4(2) of that Act
allows for an order to have a dog remain in custody while legal proceedings
are completed. Rather, s. 4(2) of that Act only allows for an order directed
to the owner for the more effective control of the dog.
The City fixed the error by consenting to a new interim order on June 10,
2009, which allowed Ginger to be returned to Mr. Huggins while the final fate
of Ginger is determined by the Court of Appeal.
Mr. Huggins was finally reunited with Ginger after three and a half years
without any contact.
Please attend a press conference on this matter at Clayton Ruby's office
located at 11 Prince Arthur Avenue in Toronto at 2:15pm on June 17, 2009. For
more information, please contact Mr. Ruby's assistant, Mandy Machin, at (416)
For further information:
For further information: Mandy Machin, (416) 964-9664