1 total
OSPCA compliance order revoked as the Act requires actual, not future, distress at the time of issuance.
The appellant appealed an order issued by the OSPCA requiring him to provide daily turnout or exercise for three stallions returned to his farm.
The OSPCA issued the order because the farm lacked a turnout paddock, arguing the horses would be deprived of exercise and thus in distress.
The Animal Care Review Board revoked the order, finding that Section 13(1) of the OSPCA Act requires an animal to be in actual distress at the time an order is issued, not 'deemed' or 'future' distress.
The Board concluded there was no evidence the healthy stallions were in distress when the order was issued, noting that walking in-hand is an acceptable form of exercise and the horses were only at the farm temporarily.
The Board also found it lacked jurisdiction to compel the appellant to disclose the current location of the horses.
