I, Melody Clark, of East Chezzetcook, Nova Scotia, make oath and say as follows:
1. I live next door to Ms. Francesca Rogier, at 768 East Chezzetcook Road, with my husband Perry Clark and our children, ranging in ages 4 to 15,
2. I have personal knowledge of the evidence affirmed in this affidavit except where otherwise stated to be based on information or belief.
3. I became acquainted with Ms. Rogier when she moved into her home in March 2006 with her dog, Howard, a large well-behaved collie/setter mix.
4. Ms. Rogier took excellent care of Howard and was always in control of her dog.
5. Howard died in or about September 2007.
6. Ms. Rogier obtained another dog, Brindi, a shepherd/lab/rottweiler mixed breed, in June 2007.
7. I have observed Ms. Rogier and Brindi many times since her adoption, including in my home and in my yard.
8. I have also observed Ms. Rogier and Brindi with our children and found her to be gentle and calm and my children liked her and were never afraid of her.
9. It was clear to me that Ms. Rogier did all she could to properly socialize Brindi and take good care of her in general.
10. On Christmas day 2007, our daughter was visiting us with her dog. Ms. Rogier stopped by with Brindi to greet us and found my daughter and me in our shed with her dog.
11. Upon the dogs seeing each other, they began to bark. Ms. Rogier suggested we bring them both outside to allow them to get properly acquainted on neutral territory, which we did.
12. The barking ceased and the dogs became friendly with one another and began playing (as dogs do) on our property for some time.
13. Whenever Brindi was inside our home, she was calm and gentle around all people, including small children, and remained under Ms. Rogier’s care and control.
14. On one occasion our infant grandson even petted Brindi without incident. Brindi did not even lick my grandson’s face or hands.
15. Brindi has never caused harm to me or to any member of my family.
16. My family has owned dogs in the past, and I do not regard Brindi as an aggressive dog.
17. I am aware and have personally observed that Ms. Rogier’s home is under construction. I have personal knowledge that Ms. Rogier has built a 5’ high fenced enclosure in her backyard attached to the rear entrance of the house as a dog run. It is 8’ wide and extends over 60 feet.
18. The fence was built by Ms. Rogier in 2008 shortly after Brindi was taken by HRM Animal Control Officers subsequent to a report alleging an attack on a dog.
19. Ms. Rogier has also protected her front entrance with a wire mesh gate.
20. In my opinion, both the gate and the enclosure are of sufficiently strong construction to prevent any further incidents with Brindi and will keep Brindi from escaping her property.
21. I am confident that Ms. Rogier cares very much about public safety and the welfare of all dogs as well as her own.
22. It is my belief that Brindi should be returned to her owner, in compliance with all HRM regulations and conditions.
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