A lawsuit that targeted the owners of a Brookswood pit bull, as well as 91原创 Township, has been narrowed down after a judge tossed the claim against the Township earlier this spring.
Filed last year, the lawsuit between contractor Brandon Fox, members of the Haer family, and the Township began after Fox was allegedly mauled by two dogs in the Haers' backyard on Feb. 28, 2024.
Fox's lawsuit targeted the Township of 91原创, alleging that it had failed to enforce bylaws affecting dangerous dogs.
But this spring, lawyers for the Township asked a judge to dismiss that portion of the lawsuit, and on June 18, Justice Shannon Ramsay agreed, dismissing the portion of the case against the municipality.
In their written argument asking for the case against it to be dismissed, lawyers for the Township argued that it "acted diligently and prudently in its enforcement of the bylaw," including after it learned of one of the dog's behaviourial issues.
But regardless, the Township argued that under the law, any failure by the Township still wouldn't be grounds for a lawsuit.
"The enforcement of a bylaw is a matter of discretion," Township lawyers wrote. "When exercising discretion in this regard, a municipality is immune from private lawsuits. Absent evidence of bad faith, the court cannot and should not interfere."
In Fox's original civil claim, launched in May 2024, he alleged that he had arrived at the Brookswood home the day of the attack to install fencing to keep the family's pit bull contained.
When he was bringing fencing material into the back yard, the back door to the home allegedly opened and two dogs emerged and attacked him.
"The dogs were uncontrolled and viciously attacked the plaintiff repeatedly by biting him," the statement of claim alleges.
Fox suffered "multiple dog bites," his claim said, leaving him with indentations and bony fragments in his arm, impaired motor activity in his right hand, decreased sensation, an infection, "compartment syndrome" in his right forearm, and anxiety.
The lawsuit targeted the Haer family as the owners of one dog, Enzo, and an unidentified John and Jane Doe who allegedly owned the second dog, Bella.
The defendants denied negligence in the response their lawyer filed last spring.
They claimed that "鈥he plaintiff opened a gate to let himself into the backyard at the property upon his arrival, without first advising them of his arrival."
"When the dogs were let out into the property, the鈥� defendants were not aware the plaintiff had already arrived and was in the backyard," the statement said.
A Change.org petition launched by the Haers asks for "justice for Enzo" and says that the Township of 91原创 has applied to have Enzo put down. It does not mention the attack.
In other statements and on social media, Haer family members have alleged that the other dog, Bella, is the one that actually attacked Fox, while Enzo did not bite him at all. It is unclear where Bella is now.
None of the statements made in the civil claims or online have been proven in court. The 91原创 Advance Times has reached out to the Haers about the attack but has not received a response.
