3 total
Animal removal and statements of account largely upheld, but decision to keep geckos in care deemed unreasonable.
The appellant pet store appealed a removal order, a decision to keep in care, and three statements of account issued by the Chief Animal Welfare Inspector regarding an agama, two leopard geckos, and two common rats.
The Animal Care Review Board found that the agama was in distress and its removal was necessary due to the appellant's failure to obtain ordered veterinary care.
However, the Board found the decision to keep the leopard geckos in care was unreasonable, as their required medical treatment did not necessitate close monitoring outside business hours.
The statements of account for the agama and rats were confirmed, while the account for the geckos was varied to remove boarding costs.
Motion to dismiss granted; Board lacks jurisdiction to extend statutory deadline for filing animal welfare appeals.
The respondent Chief Animal Welfare Inspector brought a motion to dismiss three appeals filed by the appellant pet shop owner regarding animal removal and care orders.
The respondent argued the appeals were filed after the five-day statutory deadline under section 38 of the Provincial Animal Welfare Services Act.
The Animal Care Review Board granted the motion and dismissed the appeals, finding it has no statutory jurisdiction or discretion to extend the timeline for filing appeals or to accept incomplete notices of appeal.
Decisions to remove and keep animals revoked as no reasonable grounds for distress were found.
The appellant appealed the decision of the Chief Animal Welfare Inspector to remove and keep her animals (dogs, a cat, and a rabbit) and the associated statement of account.
The animals were removed following an investigation prompted by complaints about their living conditions.
The Animal Care Review Board found that there were no reasonable grounds to believe the animals were in distress on the day of the investigation, noting they were well-fed, hydrated, and generally in good health.
The Board revoked the decisions to remove and keep the animals, revoked the statement of account, and ordered the animals returned to the appellant.