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The Metropolis of Calgary erred when it filed an an utility to euthanize three canine who attacked an aged girl to the improper court docket, paperwork present.
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A Court docket of King’s Bench justice has stayed the appliance saying the provincial court docket has correct authority to listen to the case.
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Town submitted an utility to the court docket in relation to the Harmful Canine Act to have the canine humanely euthanized in July after they attacked and killed 86-year-old Betty Ann Williams whereas she was gardening exterior her Capitol Hill house in northwest Calgary.
The canine have been discovered shortly after the assault and have been seized by metropolis peace officers.
A court docket resolution launched earlier this week says that following the town’s utility, the canine’ homeowners — named as Denis Bagaric and Tayln Calkins — filed a cross-application arguing the Court docket of King’s Bench didn’t have jurisdiction within the matter.
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“The results of this utility, although required by the legislation, is unlucky. The Metropolis made an comprehensible mistake primarily based on the historic observe of municipalities bringing DDA purposes within the Court docket of King’s Bench,” wrote Feasby. “The Respondents acceded to the Metropolis’s chosen path and imposed on the goodwill of the administration of the Court docket to expedite the matter solely to boost a jurisdictional objection late within the course of.”
Feasby dominated the town doesn’t need to reimburse the canine homeowners for prices provided that they objected to the court docket’s jurisdiction late within the course of. He stated the timing was made for strategic causes.
“Rather than requiring that the matter begin afresh, I’ve stayed the matter to permit the events to work collectively to switch the matter to Provincial Court docket,” wrote Feasby. “If the matter shouldn’t be transferred by consent to the Provincial Court docket and the Metropolis is required to start a brand new continuing, I retain jurisdiction to make an award in respect of thrown away prices.”
