By Ruby Pratka
Local Journalism Initiative
A Quebec Superior Court judge has ordered Potton resident Alan Barnes and the Municipality of Potton to pay a combined $535,000 plus court fees to Dominique Alain, who was critically injured when she was attacked by Barnes’ dogs while jogging in March 2019, and Alain’s spouse and caregiver Leo Joy. A third defendant, GF Food Equipment, the owner of the property where the dogs were housed, was found not responsible.
In a separate criminal case related to the incident in 2021, Barnes was convicted of criminal negligence and sentenced to six months in prison and 240 hours of community service, and banned for life from owning dogs. The dogs involved were euthanized.
Alain, a small business owner who also held a part-time job as an elite tennis referee, was mauled by three pitbulls belonging to Barnes in March 2019. She suffered significant blood loss and injuries that were initially life-threatening, according to medical reports cited in the ruling, and required more than a dozen operations; for several weeks, she was bedridden and unable to move her arms or legs. Through extensive rehabilitation, she eventually regained enough mobility to walk unaided, drive and return to work a few hours a week. However, reduced stamina and balance, memory and concentration problems, post-traumatic stress and chronic nerve pain as a result of her injuries have hampered her ability to return to a normal life. She has suffered extensive scarring of her arms, legs and back. She is unable to work more than 15 hours per week at Pro-Lens, the replacement optical lens company she owns, and has never been able to resume refereeing; she initially sued the municipality for about $211,000 in lost revenue in addition to $250,000 in non-pecuniary damages. The court ruling was based on a smaller estimation of lost revenue ($164,000), but the court ruled that her request for $250,000 in non-pecuniary damages was justified. “No sum of money can wipe the memories from [Alain’s] mind,” Provencher wrote, stating that Alain’s inability to work full time or enjoy outdoor activities she once loved has contributed to “enormous suffering.”
Joy, for his part, was awarded $75,000 by the court for non-pecuniary damages, specifically for psychological trauma, time spent caring for his partner (several hours a day, every day, according to the ruling) and money invested in adapting the couple’s house to Alain’s mobility needs.
According to the ruling, the municipality “denied all responsibility.” However, the court ruled that the municipality should have been aware the dogs were a threat to public safety, considering that several complaints had been made to the town hall about the dogs dating back to 2016. Provencher also noted that Potton bylaws prohibited the possession of pitbulls in the municipality between 2005 and 2018; Barnes kept the dogs illegally for at least two years without any apparent action on the part of the municipality.
“[Ronney] Korman, Director of Public Works and Public Safety Services (fire and first responders), [Jason] Ball, town councillor, [Marie-Claude] Lamy, building inspector responsible for enforcing the by-law concerning animals, and [town clerk Claire] Alger, all aware … that Barnes’ dogs are aggressive and dangerous, and … banned from the territory of Potton until May 2018, all demonstrate passivity, laxity, even nonchalance in that they all fail to take action,” Provencher wrote, noting that Ball had been bitten by one of the dogs in 2017 and Korman’s wife, Suzanne Viens, narrowly escaped attack that same year.
Valérie Thérien, a spokesperson for the municipality, told the BCN that the town’s insurance company was reviewing the file and the town could not comment further.