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Could Newfoundland dog's fate finally be determined Tuesday?

On Tuesday, a Courtenay judge is expected to decide the fate of a Newfoundland dog that he deemed dangerous more than a month ago.

More than a year after they were seized, provincial court Judge R. Sutton noted in January the two dogs in the centre of an application to destroy them should be separated.

Sutton also proposed the female Chum — which he ruled to be dangerous —  be sent back to her breeder in Saskatchewan.

Because he did not formally issue a destruction order for Chum, he placed a 30-day stay of determination for options in order for both parties — dog owner Jacques Manseau and the Comox Valley Regional District — to come to another agreement that would have to meet the court's approval.

Leigh Carter, general manager, public affairs & information systems for the CVRD, said Friday the two sides were not able to come to an agreement, and the decision now rests in the hands of the judge.

"We had received and accepted a proposal from Melissa Buck (third-party rehoming option in Nanaimo), but she refused to sign the consent order so that could not move forward," she explained.

"It is most unfortunate, and it's taking far longer than it should have because of delays by the dogs owner and by Melissa in determining whether or not she would sign the consent order, but hopefully it will come to a good resolution on Tuesday."

Carter added the CVRD has a rehoming option that it will put forward Tuesday.

The CVRD brought forth an application to destroy Chum and fellow Newfoundland Champ in January 2012 following a complaint of a vicious dog attack in Black Creek.

The dogs were taken by the CVRD on Jan. 26, 2012, and were being held at the Comox Valley SPCA following their seizure. Champ has been residing with Comox residents John and Emma White during a temporary release, while Chum is being held at the Comox Valley SPCA.

An unconfirmed report indicates Chum became seriously ill Thursday, was attended by a veterinarian and was placed on an IV.

Sutton said the case was unusual and difficult because there were no witnesses who saw the incident, which involved a neighbouring Jack Russell terrier.

photos@comoxvalleyrecord.com

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