Alice (Yun) Liu

The appellant appealed an order issued by Animal Welfare Services requiring her to take various actions to relieve the distress of her animals, including dogs and a cat.

The inspector had found the animals living in unsanitary conditions with inadequate shelter, food, and water.

The Animal Care Review Board confirmed the order, finding that there were reasonable grounds to believe the animals were in distress and that the actions required by the order were necessary to relieve that distress.

The appellants appealed a trial decision awarding the respondent $15,270 in Charter damages for breaches of his s. 10(b) rights during a police detention.

The respondent had previously been granted a stay of criminal proceedings for the same breaches.

The Divisional Court allowed the appeal, finding the trial judge failed to properly apply the Ward test for Charter damages.

The Court held that the stay of proceedings adequately served the functions of vindication and deterrence, and that an award of damages was not an appropriate and just remedy in the circumstances.

The appellant appealed a Statement of Account issued by Animal Welfare Services for veterinary and boarding costs incurred after his cat was removed due to non-compliance with an animal welfare order.

The adjudicator found that the costs were reasonable and necessary to relieve the animal's distress.

However, based on evidence of the appellant's acquired brain injury and extremely low income, the adjudicator varied the Statement of Account, reducing the amount owed by 90 percent due to financial hardship.

The appellants appealed a Statement of Account (SOA) for $7,600 issued by Animal Welfare Services for the boarding costs of 19 dogs removed from their property.

The Animal Care Review Board found that the costs incurred were reasonable and reflected the actual costs of necessaries provided.

However, the Board accepted the appellants' evidence of their limited financial means, as they were retired and living on a fixed income.

Exercising its discretion under section 38(9) of the Provincial Animal Welfare Services Act, 2019, the Board varied the SOA, reducing the amount by 50 percent to $3,800.