The Crown prosecuted Rebecca Hurley and Albert Hurley under the Ontario Society for the Prevention of Cruelty to Animals Act after 25 horses and one goat were removed from their farm.
The court held that the animal-welfare offences were strict liability offences and drew a distinction between “causing” distress, which required a positive act, and “permitting” distress, which could be made out by omission or passive failure to act.
On the evidence, the court found the horses were in distress and that Rebecca Hurley owned or controlled their care, failed to meet required standards, and failed to comply with several OSPCA orders.
Albert Hurley was acquitted on all counts because the Crown did not prove he owned, had custody of, or cared for the animals, while Rebecca Hurley was acquitted on count 1 but convicted on counts 2 through 7.
