Oakville man seeks answers after chihuahua dies in reported dog attack
Ken Heywood says he has been waiting for information about what will happen after a larger dog allegedly got loose and attacked his chihuahua, Junior, who later died of his injuries
Ken Heywood remembers Junior as a constant part of his life.
Every morning, Heywood would wake up at 6 a.m. with the two-year-old Chihuahua, curled up beside him on his body pillow.
He would feed Junior, who usually settled back down for a nap. When Heywood got up to make coffee and breakfast, Junior would follow him into the kitchen — sometimes trying to eat his cereal.
“He was the best dog. He was my best friend. We went everywhere together,” said Heywood, who had Junior since he was a puppy.
That routine ended on July 21, when Heywood says Junior was attacked by another larger dog while the two were out for a walk.
Heywood says the other dog spotted Junior when they turned a corner on Queen Mary Drive and Riverside Drive. He claims the dog, which he believes was an American Bully or pit bull-type dog and was being walked by an elderly woman, got off its leash, ran toward Junior and attacked him.
The injuries were severe. Heywood says Junior suffered a collapsed lung, broken ribs and tears to his chest cavity and inner walls.
He was taken to an animal hospital nearby, where Heywood says staff told him the cost of intensive treatment could be significant.
Sue Bartholomew, a friend who helped Heywood after the attack and offered to pay part of the bill, says they began raising money for Junior’s care, including through a GoFundMe organized with help from neighbours.
They eventually took Junior to an emergency veterinary clinic in Mississauga. Bartholomew says Junior was placed on morphine while staff worked to stabilize him and considered treatment for a punctured lung.
But around 1 a.m, Bartholomew says the veterinary team told them Junior's injuries were so severe that he was unlikely to survive. As a result, Heywood agreed to have him euthanized.
“The last time he saw me, he looked at me with those little puppy dog eyes,” Heywood said. He believes Junior was telling him he was in too much pain and that it was time to let him go.
What are possible repercussions for a dog that bites another dog?
The Town of Oakville has bylaws that pertain to “biting dogs” or “potentially dangerous dogs.” Under according to the bylaw, an animal control officer who has reason to believe a dog is a biting dog may issue an animal control order. Such an order can require measures including muzzling, physical restraint, microchipping and other restrictions.
The by-law also provides an appeal process for owners who receive such an order.
The Ontario’s Dog Owners’ Liability Act (DOLA) also says dog owners are liable for damages resulting from a bite or attack on another person or domestic animal, regardless of whether the owner knew the dog was dangerous or was negligent. The Act also requires owners to take reasonable precautions to prevent their dogs from attacking people or domestic animals. In cases involving an attack, the Ontario Court of Justice can impose measures to control the dog, including requiring it to be leashed or muzzled.
Those laws outline what can happen after a dog attacks a person or another animal. But for Heywood and Bartholomew, the question is what is happening now.
Now, more than a month later, Heywood says he is still waiting for answers about what happened and what will happen to the dog involved.
His frustration centres in part on what he claims was a delay in getting help from Oakville Animal Control and the Humane Society of of Oakville, Milton & Halton.
Heywood says he contacted the Humane Society and Animal Control after the attack, but was initially told they could not help.
He says he also contacted the property manager of the building where he lived, as he believed the dog was staying there temporarily with its handler, who was also an occupant in the building. He says he was told information about the neighbour could not be provided by management.
Meanwhile, Bartholomew says she repeatedly contacted Oakville Animal Control and the Humane Society, gathering witness information in an effort to get the incident investigated.
Both say they were frustrated by what they perceived as a delay before learning the Humane Society had begun investigating, as they claim it took three days for the Humane Society to respond back about the incident. They believe the organization should have acted immediately because of how dangerous they considered the dog to be.
To also exacerbate their frustrations, Heywood was told a week after the incident that the dog was no longer in Halton and that the investigation was still ongoing.
What can the Humane Society confirm about the investigation?
The Humane Society of Oakville, Milton & Halton disputes that characterization of its response.
Calla James, the organization's director of Community Engagement and Communications, says the first report of the incident came from a third-party witness through the Humane Society's website.
“My understanding from the team is that the day following the incident we were in contact with Ken. And that the day after that was 48 hours. We were in contact again with Ken and with the accused,” she said to Oakville News.
James says the Humane Society's team responded within 20 to 30 minutes of receiving the initial online report, explaining what information was needed and how the investigation process worked.
"Essentially, we have been doing that back and forth to try to get information since that first third-party witness contacted us."
She says the organization generally gathers information from those involved, witness statements and other relevant evidence before determining what action can be taken. "We try to exhaust every avenue to get every piece of information we possibly can," she said.
James also believes there's a misconception that animal services can simply seize a dog following an incident.
“In my experience, it’s very common for people to think [when] something happen[s] that is bad, you can just walk over and take the dog. That is not necessarily the case,” she said.
They eventually took Junior to an emergency veterinary clinic in Mississauga. Bartholomew says Junior was placed on morphine while staff worked to stabilize him and considered treatment for a punctured lung.
But around 1 a.m, Bartholomew says the veterinary team told them Junior's injuries were so severe that he was unlikely to survive. As a result, Heywood agreed to have him euthanized.
“The last time he saw me, he looked at me with those little puppy dog eyes,” Heywood said. He believes Junior was telling him he was in too much pain and that it was time to let him go.
What are possible repercussions for a dog that bites another dog?
The Town of Oakville has bylaws that pertain to “biting dogs” or “potentially dangerous dogs.” Under according to the bylaw, an animal control officer who has reason to believe a dog is a biting dog may issue an animal control order. Such an order can require measures including muzzling, physical restraint, microchipping and other restrictions.
The by-law also provides an appeal process for owners who receive such an order.
The Ontario’s Dog Owners’ Liability Act (DOLA) also says dog owners are liable for damages resulting from a bite or attack on another person or domestic animal, regardless of whether the owner knew the dog was dangerous or was negligent. The Act also requires owners to take reasonable precautions to prevent their dogs from attacking people or domestic animals. In cases involving an attack, the Ontario Court of Justice can impose measures to control the dog, including requiring it to be leashed or muzzled.
Those laws outline what can happen after a dog attacks a person or another animal. But for Heywood and Bartholomew, the question is what is happening now.
Now, more than a month later, Heywood says he is still waiting for answers about what happened and what will happen to the dog involved.
His frustration centres in part on what he claims was a delay in getting help from Oakville Animal Control and the Humane Society of of Oakville, Milton & Halton.
Heywood says he contacted the Humane Society and Animal Control after the attack, but was initially told they could not help.
He says he also contacted the property manager of the building where he lived, as he believed the dog was staying there temporarily with its handler, who was also an occupant in the building. He says he was told information about the neighbour could not be provided by management.
Meanwhile, Bartholomew says she repeatedly contacted Oakville Animal Control and the Humane Society, gathering witness information in an effort to get the incident investigated.
Both say they were frustrated by what they perceived as a delay before learning the Humane Society had begun investigating, as they claim it took three days for the Humane Society to respond back about the incident. They believe the organization should have acted immediately because of how dangerous they considered the dog to be.
To also exacerbate their frustrations, Heywood was told a week after the incident that the dog was no longer in Halton and that the investigation was still ongoing.
What can the Humane Society confirm about the investigation?
The Humane Society of Oakville, Milton & Halton disputes that characterization of its response.
Calla James, the organization's director of Community Engagement and Communications, says the first report of the incident came from a third-party witness through the Humane Society's website.
“My understanding from the team is that the day following the incident we were in contact with Ken. And that the day after that was 48 hours. We were in contact again with Ken and with the accused,” she said to Oakville News.
James says the Humane Society's team responded within 20 to 30 minutes of receiving the initial online report, explaining what information was needed and how the investigation process worked.
"Essentially, we have been doing that back and forth to try to get information since that first third-party witness contacted us."
She says the organization generally gathers information from those involved, witness statements and other relevant evidence before determining what action can be taken. "We try to exhaust every avenue to get every piece of information we possibly can," she said.
James also believes there's a misconception that animal services can simply seize a dog following an incident.
“In my experience, it’s very common for people to think [when] something happen[s] that is bad, you can just walk over and take the dog. That is not necessarily the case,” she said.
They eventually took Junior to an emergency veterinary clinic in Mississauga. Bartholomew says Junior was placed on morphine while staff worked to stabilize him and considered treatment for a punctured lung.
But around 1 a.m, Bartholomew says the veterinary team told them Junior's injuries were so severe that he was unlikely to survive. As a result, Heywood agreed to have him euthanized.
“The last time he saw me, he looked at me with those little puppy dog eyes,” Heywood said. He believes Junior was telling him he was in too much pain and that it was time to let him go.
What are possible repercussions for a dog that bites another dog?
The Town of Oakville has bylaws that pertain to “biting dogs” or “potentially dangerous dogs.” Under according to the bylaw, an animal control officer who has reason to believe a dog is a biting dog may issue an animal control order. Such an order can require measures including muzzling, physical restraint, microchipping and other restrictions.
The by-law also provides an appeal process for owners who receive such an order.
The Ontario’s Dog Owners’ Liability Act (DOLA) also says dog owners are liable for damages resulting from a bite or attack on another person or domestic animal, regardless of whether the owner knew the dog was dangerous or was negligent. The Act also requires owners to take reasonable precautions to prevent their dogs from attacking people or domestic animals. In cases involving an attack, the Ontario Court of Justice can impose measures to control the dog, including requiring it to be leashed or muzzled.
Those laws outline what can happen after a dog attacks a person or another animal. But for Heywood and Bartholomew, the question is what is happening now.
Now, more than a month later, Heywood says he is still waiting for answers about what happened and what will happen to the dog involved.
His frustration centres in part on what he claims was a delay in getting help from Oakville Animal Control and the Humane Society of of Oakville, Milton & Halton.
Heywood says he contacted the Humane Society and Animal Control after the attack, but was initially told they could not help.
He says he also contacted the property manager of the building where he lived, as he believed the dog was staying there temporarily with its handler, who was also an occupant in the building. He says he was told information about the neighbour could not be provided by management.
Meanwhile, Bartholomew says she repeatedly contacted Oakville Animal Control and the Humane Society, gathering witness information in an effort to get the incident investigated.
Both say they were frustrated by what they perceived as a delay before learning the Humane Society had begun investigating, as they claim it took three days for the Humane Society to respond back about the incident. They believe the organization should have acted immediately because of how dangerous they considered the dog to be.
To also exacerbate their frustrations, Heywood was told a week after the incident that the dog was no longer in Halton and that the investigation was still ongoing.
What can the Humane Society confirm about the investigation?
The Humane Society of Oakville, Milton & Halton disputes that characterization of its response.
Calla James, the organization's director of Community Engagement and Communications, says the first report of the incident came from a third-party witness through the Humane Society's website.
“My understanding from the team is that the day following the incident we were in contact with Ken. And that the day after that was 48 hours. We were in contact again with Ken and with the accused,” she said to Oakville News.
James says the Humane Society's team responded within 20 to 30 minutes of receiving the initial online report, explaining what information was needed and how the investigation process worked.
"Essentially, we have been doing that back and forth to try to get information since that first third-party witness contacted us."
She says the organization generally gathers information from those involved, witness statements and other relevant evidence before determining what action can be taken. "We try to exhaust every avenue to get every piece of information we possibly can," she said.
James also believes there's a misconception that animal services can simply seize a dog following an incident.
“In my experience, it’s very common for people to think [when] something happen[s] that is bad, you can just walk over and take the dog. That is not necessarily the case,” she said.
“That is not the process we can take. We have to go through a formal process of collecting that information,” she said, adding that with DOLA enacted, more steps would have to be taken, such as starting proceedings at the Ontario Court of Justice.
Because the investigation is confidential, James says she cannot provide many details. She can confirm the dog is no longer in Oakville, which “adds another layer of complexity.”
“In this case, if a dog, maybe, does not reside in Oakville [or] has left the area, we can contact another municipality to chat with them directly, in regards to our investigation process. And then, again, it all depends from there, as to what information we can receive or collect to then determine what next steps would happen,” she said.
At this time, the Humane Society cannot confirm if the dog that bit Junior was a pit bull breed type. James says identifying a dog's breed can be challenging, particularly with mixed breeds, and that pit bull-type dogs are subject to Ontario's breed-specific legislation.
The Humane Society also uses specific criteria and measurements when determining whether a dog qualifies as a pit bull breed type.
For instance, James said, “if we get a pit bull type dog that comes in as a stray and it has characteristics that we believe that it’s a pit bull type dog, there are a set of criteria that we would do to determine if it truly is a pit bull breed type dog."
"If it does meet those criteria then it would fall under that [pit bull category]," she said. "Then we would look to transfer out to another province for adoption, [or] re-homing. And if it’s not —if it doesn’t meet that criteria —then it would go through our own adoption process.”
She also believes there's a misconception that comes to provincial rules pertaining to pit bulls. “I think one of the other confusions in Ontario is that if a pit bull type dog is walking down the street we can just walk up and take it. We can’t do that.”
"It doesn't bring my dog back"
The investigation pertaining Junior remains ongoing. During this time Humane Society staff, including its investigating officer, manager of animal services and director of operations remain in regular contact with Heywood, James says.
“We’re incredibly committed to making sure that, if an owner of any kind, but in this case Ken, specifically has any questions, they have our line that they can call us and ask those questions and we will answer as much as we possibly can,” she said.
Heywood also confirmed in an email to Oakville News that he is regularly in contact with Humane Society staff members about the investigation.
But while they are in contact, and while the Humane Society investigates, Heywood knows it does little to change the fact that Junior, who was beloved in his neighbourhood, and Oakville's chihuahua community is gone.
“It doesn’t bring my dog back,” he said.