Heading into the eleventh hour of a looming court case that will decide the fate of two Rottweilers facing destruction orders, lawyers for Prabjot and Raj Nijjer, the caretakers for the dogs, say a conditional release makes the most sense and the City of Richmond could be on the hook for various costs associated with the impounding of the animals.
"Given the outcry of the community the city has come with a variety of proposals," said lawyer Joe Peschisolido.
"We've been going back and forth on possible settlements and there's a trial set for April 10 and 11," said Peschisolido, adding the case falls within a crevasse of civil and criminal proceedings that will allow the Nijjer family the option to recuperate costs associated to the confinement of Axle and Paris since Oct. 25, 2013 at the city pound operated by the Richmond Animal Protection Society (RAPS).
The dogs were deemed dangerous by the city following three documented incidents since 2010. Following the last incident involving a construction worker, who was "nipped" by Axle according to Peschisolido, the city believed the dogs were dangerous enough to impound them but the Nijjers believe otherwise.
Since being taken in by RAPS Raj Nijjer said he has spent close to $1,000 in veterinarian fees, thousands on building a new fence to keep the dogs in (should they be released) as well as legal fees that could drastically rise if there is no negotiated settlement. Another $3,500 to house the dogs at RAPS will have been spent as well.
In the four months since Raj said the health of the dogs has been his primary concern.
"They may go mental," he said. After learning the dogs had gained significant weight, allegedly due to not being exercised properly, Peschisolido applied to the provincial court to have them released on an interim basis before the court date. The application was denied on jurisdictional grounds on March 20 but Peschisolido said as a result of it, the dogs have been walked.
City spokesperson Ted Townsend said the dogs were not being walked by volunteers by order of the city because of public safety concerns.
"The order not to walk dogs was strictly for volunteers, staff at the shelter have been regularly exercising the dogs," said Townsend.
But the quality of exercise (ie. allegedly not being walked at all) has come under scrutiny.
In an email attached to one of Peschisolido's affidavits, a RAPS staff member outlined the dogs' routine and there was no mention of the dogs being walked, merely exercised.
"RAPS was following instructions from (the City of Richmond) to not remove the dogs from the site," wrote the staff member.
Peschisolido has also questioned the veracity of the city's initial claims especially since Paris didn't harm the worker.
"They realize there was no bite," he said.
He also questioned how the dogs have been handled. In the application, Peschisolido cited a section of the Prevention of Cruelty to Animals Act that notes an animal can be in distress if it is deprived of adequate exercise or veterinary treatment.
The dogs' long-time veterinarian, Dr. Jatinder Rana of Lansdowne Animal Hospital, filed an affidavit claiming the city and RAPS ignored her requests for three months to attend to the animals. Of particular concern, Paris had recently had surgery on her leg and needed special attention.
Last month Rana compared her files with the current weight of Axle, finding him 24 pounds heavier on March 1 than prior to being impounded. She said the dogs weren't getting enough exercise.
Also putting the care of the animals into question is an affidavit from a RAPS volunteer stating he believed the facility to be short staffed and in need of more volunteers.
On Tuesday, Townsend said the city's "primary objective is to get enforceable conditions for the future care of the dogs."
But he would not speculate if those conditions include any sort of liability insurance when asked by the News.
"There's a variety of outcomes that could come from the court hearing including adoption, recommendations for specific training for the dogs, or a return to their home with conditions, among other possibilities," said Townsend.
Peschisolido said costs of post-impoundment physical and mental rehabilitation could be claimed in a civil action.
