Whitehorse Daily Star

‘The game here is reasonableness’: lawyer

Four years of barking are about all a group of Tagish residents can handle.

By Amy Kenny on November 18, 2016

Four years of barking are about all a group of Tagish residents can handle.

That’s why six neighbours filed a civil lawsuit Tuesday, asking a judge to limit the property uses of a seventh neighbour.

The suit asks that Shelley Cuthbert be barred from keeping any dogs on her property – a parcel of land which abuts the properties of all six complainants.

Right now, says Graham Lang, the lawyer representing the complainants, there are 80 dogs at Cuthbert’s Tagish-based organization, Any Domesticated Animal Rescue and Boarding Kennels.

Lang says some of Cuthbert’s neighbours have been living with the noise since Cuthbert established her rescue centre there in 2012.

The properties are not huge, Lang says. They wouldn’t be more than the width of three lots in Riverdale. He says Cuthbert’s yard is fenced right up to her property line.

Lang says one of the complainants rents a cabin on his property, and the complainant’s operation has been damaged by dogs “going 24/7.”

Another complainant’s house is only 15 metres from the property line. Every time people come and go, the dogs start howling.

A third complainant built an extension on their home in an effort to increase the distance from Cuthbert’s dogs.

“The game here is reasonableness,” Lang told the Star today.

He says none of his clients have a personal problem with Cuthburt specifically, nor dogs in general, but the situation has become unbearable.

It was from the beginning, but Lang says the complainants didn’t think they could do anything because of the lack of zoning or local area plan in Tagish.

Not only that, Lang says, no one wanted to cause a hassle – that’s part of the reason people move to rural areas.

“Tagish is Tagish,” he says. “There’s a real history there of going along to get along.”

Lang points out though, that another reason people live in rural areas is for the peace and quiet.

He says the complainants simply want to figure out a way to make the neighbourhood work. They like dogs, but can no longer live beside 80 of them.

Lang says Cuthbert has not yet been served. He emailed her the details of the suit on Thursday. He is currently arranging to have her served directly.

In a separate canine-related case this fall, Cuthbert missed a court date because she said her dogs ate a hearing notice that had been thrown into her yard.

That focus of that suit (that complainant is also being represented by Lang) is a dog that was in Cuthbert’s care this past summer.

Emerald Gillespie said she placed her dog, Buddy, with Cuthbert while Gillespie tried to find the dog a new owner.

When Gillespie tried to get Buddy back, Cuthbert said the dog had been surrendered to her.

She later said Buddy had escaped during transit to a new owner in Alberta.

That trial was set to begin Monday, but has been postponed.

Lang says he has set a case management conference for the latest case for Nov. 29.

Cuthbert could not be reached for comment by press time this afternoon.

Comments (8)

Up 2 Down 0

Jonathan Colby on Nov 28, 2016 at 11:53 am

BnR, I think the difference wouldn't elude them, but hey, when you wanna feel, why make distinctions.

I don't rescue animals. If I ever became responsible for an animal that I couldn't care for through some unfortunate circumstance, I would shoot it. I don't acquire animals I can't care for.

Shelley Cuthbert cares, of that there is no question. The question is, is she willing to compromise to live peacefully with her neighbors? They have more right to peace and quiet than her animals have to be there. A kennel in a residential neighborhood sounds outrageous anyways. What a racket! Shelley needs to be given boundaries, and then stick to them. All that could be accomplished without lawyers, and with a dash of political will. However, Shelley doesn't seem to think she is doing anything wrong, and minimizes any negative revues her kennels receive. That's probably why we need the lawyers: because the person at the heart of the matter refuses to accept her responsibility. I heard the CBC interview, and it seemed to confirm that. That's why she shouldn't be able to own animals: her attitude. Anyone who will accommodate any amount of animals and ignore or antagonize the humans around her should be prevented from entering that situation in the first place.

Up 3 Down 0

BnR on Nov 24, 2016 at 7:40 pm

north_of, you do appreciate the difference between owning and PROPERLY caring for animals of any description, and making comments on an online publication, right? Right?

Up 11 Down 11

June Jackson on Nov 19, 2016 at 5:51 pm

I'm glad you said it North of 60.. I was looking for the right words. .. That there are 80 animals at this residence is probably not something Ms. Cuthbert asked for.

I have every sympathy for Ms. Cuthbert; people tie up their dogs at her fence and leave them. She does her very best to not have her rescue turned into a kill shelter. When she cannot find enough homes, and people keep abandoning their animals at her fence, I don't see how she can even feed them, even the cheap stuff. I believe her heart is in the right place and day after day she is trying to save them.

I also sympathize with neighbors that complain about barking dogs all night.

And some sympathy for the judge hearing this.. people who love the little critters aren't going to be happy with the murderous judge that orders the animals put down, and the residents aren't going to be happy if he doesn't make an order... Perhaps the residents who could afford a trial attorney (they aren't cheap) could have used some time and money to work with Ms. Cuthbert and help her to relocate. Trade her property for another maybe.

Rescued dog owner also has offered a solution that I like, except for the last sentence about putting animals down.

I have 3 rescues. But, perhaps I too would have 80 if people just tied their healthy animals up to my fence and went away. How willing would I be to put them down? Not so much...

Up 13 Down 23

north_of_60 on Nov 19, 2016 at 2:06 pm

@Jonathan Colby states: "This woman should be barred from owning animals."
One wonders how @Jonathan Colby would like being barred from making comments on public forums because someone doesn't like what he says?

One also wonders how many unwanted dogs @Jonathan Colby has rescued/adopted or euthanized?

Up 16 Down 7

ProScience Greenie on Nov 19, 2016 at 9:36 am

Let's hope the Yukon Libs keep their mental health promises high on their priority list.

Up 27 Down 4

'rescued' dog owner on Nov 18, 2016 at 10:07 pm

Everybody loves puppies. They're so cute and cuddly, especially in the summer when they can play outside all day. But summers are short, puppies grow up to be dogs, and some people can't handle the responsibility that it takes. Even more so when their lives are consumed with many social demands. Dogs get neglected, sometimes abused, and often abandoned.

The irresponsible owners don't want the expense or emotion of euthanizing a pet, and the good-hearted, caring people who 'rescue' the dogs don't want to either. Unfortunately the supply of unwanted dogs far exceeds the market for 'rescued' dogs. A lot of them end up at Tagish if they're difficult to 'adopt' because nobody wants to euthanize unwanted dogs.

Any Domesticated Animal Rescue exists by default; not many others care about the public's abandoned dogs. However a group of 80+ dogs in a one or two acre bare dirt compound living on no-name kibble till they are adopted or die, is eventually going to cause problems with the neighbors.
Also, is that really more humane than putting them to sleep?

Perhaps it's time for the government to step up and take responsibility for the irresponsible dog owners all over the territory. It's not just a Whitehorse problem.

One suggestion: Establish a facility to humanely accommodate a maximum number of dogs, outside the City somewhere in the WSL region, away from sensitive neighbors. Dogs abandoned or dogs running-at-large in any Yukon community would be apprehended by the 'dog cops' and taken to the 'doggie jail'. Owners would have a time period to claim their dog, and then the dog would be available for adoption for a time, then put-down humanely.

Anyone who thinks this is a heartless solution to the problem is welcome to go adopt as many 'rescued' dogs as they can.

Up 33 Down 8

Jonathan Colby on Nov 18, 2016 at 5:04 pm

This woman should be barred from owning animals. Every time she is reported on, there seems to be some kind of irresponsible behaviour for which she is being admonished. Irresponsibility means loss of privilege... I hope.

Up 27 Down 0

Groucho dé North on Nov 18, 2016 at 4:59 pm

Did you know that the Yukon has a Noise Prevention Act- yup we do: http://www.gov.yk.ca/legislation/acts/nopr_c.pdf

Add your comments or reply via Twitter @whitehorsestar

In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.

Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.