2 total
Applications for judicial review dismissed; Board's decision to reduce $1.1M animal care account to $505,000 upheld.
The Chief Animal Welfare Inspector (CAWI) removed 229 dogs from the applicants' commercial dog sledding business and issued a statement of account for over $1.1 million for their care.
The Animal Care Review Board varied the account to approximately $505,000, disallowing transportation and veterinary costs and reducing boarding costs.
Both the applicants and the CAWI brought applications for judicial review of the Board's decision.
The Divisional Court dismissed both applications, finding that the Board's allocation of the initial evidentiary burden to the CAWI, its refusal to admit fresh evidence, and its determinations regarding the various costs were all reasonable.
The Court of Appeal upheld a tribunal's finding that a farm equipment manufacturer breached a dealership agreement by failing to comply with mandatory statutory renewal processes.
An appeal from a Divisional Court decision upholding a Tribunal award of damages to a farm equipment dealer against a manufacturer/distributor for improper non-renewal of a dealership agreement.
The core issue concerned the retrospective application of Ontario Regulation 123/06 (Dealership Agreements Regulation) to an existing dealership agreement and the proper interpretation of the mandatory renewal provisions.
The manufacturer provided notice of non-renewal under the original agreement terms, but the Tribunal found this non-compliant with the Regulation's mandatory process requiring disclosure of all reasons for non-renewal and an opportunity for the dealer to respond.
The Court of Appeal upheld the Tribunal's liability findings and damages award, dismissed the manufacturer's appeal, and allowed the dealer's cross-appeal on costs by restoring the Tribunal's costs award that had been quashed by the Divisional Court.
