The victim alleges that in 2009, Constable Dzioba pulled him over for a missing licence plate. The Statement of Claim states that the victim cooperated by getting out of the car, placing his keys on the ground, putting his hands behind his head and approaching the officer to surrender. Despite this, the victim claims that Dzioba deployed his police dog without any warning or prior instruction to the victim. The victim suffered extensive injuries as the dog bit him for several minutes, resulting in permanent injuries and muscle damage. In 2012, Dzioba was due to attend a disciplinary hearing for unlawful or unnecessary exercise of authority and deceit with relation to this event. He turned in his badge and resigned the day before the hearing was meant to occur.