A woman who was devoured by three dogs during a jogging session in Potton, in Estrie, in March 2019, won her case in Superior Court.
Dominique Alain and her husband Leo Joy criticized the small municipality for being negligent in its application of its own animal control regulations, and the dog owner for also being lax.
This “carelessness” led to the brutal attack which left the 59-year-old accountant, once very athletic, with trauma and significant physical limitations, underlines judge Sylvain Provencher in his decision of May 15, including The Voice of the East got a copy.
The civil court considers that Mme Alain is entitled to compensation of $460,000 and Mr. Joy, $75,000. The couple initially asked for $676,000.
The municipality of Potton and the dogs’ former owner, Alan Barnes, will have to pay this amount. Mr. Barnes was sentenced to six months in prison and 240 hours of community service in 2021 for criminal negligence. He is banned from owning dogs for life and the animals in question were euthanized.
PHOTO MAXIME PICARD, SPECTER MEDIA
The dogs’ former owner, Alan Barnes.
The dogs’ former owner, Alan Barnes. (Media spectrum, Maxime Picard/Media spectrum, Maxime Picard)
At the trial held last March at the Cowansville courthouse, the couple said they were claiming this amount for the numerous physical and psychological after-effects suffered, but also for lost wages following the attack.
Mme Alain had to undergo numerous surgeries and several hours of therapy and rehabilitation, as the dogs tore muscles from his calves, ankles and triceps.
His life was no longer the same after the event that occurred on the way to the Airport, recalls the magistrate in his 70-page judgment.
“(Mme) Alain must now live and deal with chronic neuropathic pain ― among other things, burning sensations ―, which are difficult to contain, even for seasoned professionals in this area, which inevitably weaken him, disturb him and, consequently, greatly limit all of his activities, including his ability to work. »
“Until then, the applicants, married for more than 30 years and parents of two children, in love, united, accomplices and happy in life, shared their passions for work and their numerous social, sporting and leisure activities of all kinds », continues the judge.
Responsibility
The court rejected the City’s arguments that it was unaware that Barnes’ dogs were aggressive and dangerous.
The prosecution, led by Mr. Jonathan Gottlieb, proved that numerous incidents involving these animals that occurred before March 2019 should have prompted the municipality to act.
Dominique Alain had to undergo numerous surgeries and several hours of therapy and rehabilitation, as the dogs tore the muscles from his calves, ankles and triceps. (archives la tribune/archives la tribune)
Two of them also involved the spouse of the director of public works and public security services of the municipality.
Another directly concerned a municipal councilor, Jason Ball.
“Potton, who had in the past adopted a by-law several of its provisions aimed at public safety in relation to dangerous animals, had a duty to intervene with Barnes’ dogs, and, at a minimum, carry out a behavioral evaluation », writes Judge Provencher.
Its “inertia (…) is not acceptable behavior, much less that of a prudent, diligent and reasonable local municipality, which has the responsibility to ensure the protection of the public, and which, moreover, has the tool to do this ― its Animal Regulations.
“The evidence reveals a culture of total neglect [à Potton], where everyone allows themselves what they think is best for their pet. »
Me François Barré represented the City of Potton.