Kelly Fan

The appellant's 11 dogs were removed by Animal Welfare Services.

The respondent issued a Decision to Keep and a Statement of Account.

The appellant filed appeals after the prescribed 10-day statutory deadline and brought a motion requesting an extension of time.

The Animal Care Review Board dismissed the motion, finding it lacks the statutory authority to extend the prescribed appeal period under the Provincial Animal Welfare Services Act.

Consequently, the animals were forfeited to the Crown due to non-payment and failure to appeal within the prescribed time.

The appellant appealed a Notice of Non-Compliance and applied to revoke an Order issued under the Provincial Animal Welfare Services Act regarding the care of her animals.

Prior to the conclusion of the hearing, Animal Welfare Services revoked the Order.

The respondent moved to dismiss the proceedings for mootness.

Applying the Borowski test, the Board found the matters were moot because the revocation eliminated any live controversy and left the Board without a statutory remedy to grant.

The Board declined to exercise its discretion to hear the moot matters, citing judicial economy and its limited statutory jurisdiction.

The appellants appealed an order issued by an Animal Welfare Service inspector requiring them to have their dog examined by a veterinarian.

Before the hearing, the dog was removed from the appellants' care and the order was revoked.

The respondent brought a motion to dismiss the appeal for mootness.

The Animal Care Review Board granted the motion, finding that since the order had been revoked, there was no longer an issue to decide and no remedy the Board could provide.