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Appeal of decision to keep cats dismissed as moot following their statutory forfeiture to the Crown.
The appellant appealed a Decision to Keep 32 cats that were removed from her residence by Animal Welfare Services.
The respondent brought a motion to dismiss the appeal as moot, arguing the cats had been forfeited to the Crown because the appellant failed to appeal or pay the Statement of Account within the prescribed timelines under the Provincial Animal Welfare Services Act.
The Board found that the cats were forfeited by automatic operation of the statute, rendering the appeal moot as the Board could no longer order their return.
Applying the Borowski framework, the Board declined to exercise its discretion to hear the moot appeal, finding no remaining adversarial context or justification to expend resources.
