Hazel Hilmi v. Chief Animal Welfare Inspector, 2021 ONACRB 11

Tribunals Ontario

Animal Care Review Board

Tribunaux décisionnels Ontario Commission D’étude Des Soins Aux Animaux

Date: June 1, 2021

Appeal under section 38(2) of the Provincial Animal Welfare Services Act, 2019, R.S.O. 2019, c.13

Between

Hazel Hilmi, Appellant

And

Chief Animal Welfare Inspector, Respondent

DECISION AND ORDER

Adjudicator: Priscilla Reeve, Member, Animal Care Review Board

Appearances: For the Appellant: Hazel Hilmi, assisted by Alesia Campbell, Social Worker For the Respondent: Connie Mallory, Regional Supervisor, East Region Michael Gallagher, Inspector, Animal Welfare Services

Heard by teleconference: May 13, 2021

BACKGROUND

1On or about March 9, 2021, the appellant, Hazel Hilmi suffered a fall and was hospitalized for ten days. During that time her cat, Chloe, was taken into care by the respondent, Animal Welfare Services, and treated for feline diabetes. Ms. Hilmi later agreed to have the cat adopted out.

2On April 16,2021, the respondent, Animal Welfare Services, issued a Statement of Account to Ms. Hilmi under Section 35 of the Provincial Animal Welfare Services Act, 2019. The total amount was for $1066.28, of which $75 was for boarding costs and $991.28 for treatment at the Uxbridge Veterinary Unit. On April 21, 2021, Ms. Hilmi appealed the Statement based on her limited ability to pay.

3The hearing took place on May 13, 2021. Evidence and submissions were heard regarding Ms. Hilmi’s limited income, the impact on her health arising from concerns about paying the account, as well as, the treatment provided to the cat, to which she had agreed.

4Based on the evidence heard, a payment plan was proposed; specifically, that Ms. Hilmi pay the account over time, at the rate of $125/month. Ms. Hilmi agreed to this; however, Animal Welfare Services required time to consider the proposal. Therefore, Animal Welfare Services were given the opportunity to provide post hearing submissions regarding the proposal.

5On May 20th, Animal Welfare Services advised the Board that they have approved the proposed plan.

EVIDENCE AND ANALYSIS

6The appellant, Ms. Hilmi, stated that her monthly income is $1066, and that her rent is 30% of her income. She has health issues which add to her cost of living. Concern about paying this account has resulted in an increase in her blood pressure. She stated that although she agreed to the treatment for her cat, she was not informed of the costs. Ms. Campbell, Ms. Hilmi’s social worker, supported her evidence regarding her income and the impact of her concern about payment of the account.

7For the respondent, Ms. Mallory, stated that Animal Welfare Services tried to keep the costs as low as possible, and that the costs as stated were incurred.

8For the respondent, Inspector Gallagher, stated that Ms. Hilmi had been presented with the options of euthanizing the cat, treating the cat, and/or adopting out the cat. Ms. Hilmi had agreed to treatment and later to having the cat adopted.

9Ms. Mallory stated that the Chief Inspector was sympathetic to Ms. Hilmi, and had approved a payment plan of $250/month. However, at the Hearing Ms. Hilmi stated that $250/month was beyond her budget and she could not afford this.

10As a result of discussions at the Hearing a new payment plan of $125/month was proposed to which Ms. Hilmi agreed. Ms. Mallory noted that this new arrangement still needed to be confirmed with the Chief Inspector.

11An interim order was issued requiring that Animal Welfare Services were to provide Ms. Hilmi and the Animal Care Review Board a post-hearing submission indicating whether the proposed payment plan is acceptable to them. The Animal Care Review Board was duly advised that the Chief Inspector had approved this plan.

ORDER

12Therefore, based on the agreement reached by the parties the Board orders as follows:

13The appellant shall make eight monthly payments of $125.00/month and an additional ninth and final payment of $66.26.

14The first payment shall commence no later than June 30, 2021, with the final payment to be made no later than February 28, 2022, with details of the payment arrangement to be provided to the appellant by the respondent.