2 total
Reconsideration request dismissed as moving party failed to show alleged error of law affected outcome.
The Chief Animal Welfare Inspector requested a reconsideration of a prior motion decision that dismissed the appellant's appeal and applications under the Provincial Animal Welfare Services Act, 2019.
The Inspector argued the Board made an error of law in its statutory interpretation of section 38 and violated procedural fairness by not allowing submissions on that interpretation.
The Board dismissed the reconsideration request, finding that the Inspector failed to demonstrate that the alleged error of law would have changed the outcome, and that the Inspector had been provided ample opportunity to make submissions during the original motion.
Appeal and applications regarding seized horses dismissed for procedural defects and constituting a collateral attack.
The appellant's sixteen horses were removed by the Chief Animal Welfare Inspector.
The appellant filed an appeal of a Statement of Account and applications for the revocation of an order and the return of the animals.
The respondent brought a motion to dismiss the appeal and applications.
The Board granted the motion, dismissing the Statement of Account appeal because the appellant failed to articulate grounds of appeal within the prescribed period and an amendment would cause prejudice and delay.
The application for revocation was dismissed as moot, and the application for return of animals was dismissed because it failed to address how the conditions causing distress had ceased and constituted an impermissible collateral attack on the underlying removal decision.
