Tribunals Ontario
Animal Care Review Board
Tribunaux décisionnels Ontario
Commission d'Étude des Soins aux Animaux
Date: 2022-07-15
Appeal under section 38(1) of the Provincial Animal Welfare Services Act, 2019, R.S.O. 2019, c. 13
Between:
Matt Peredery Appellant
and
Chief Animal Welfare Inspector Respondent
CONSENT ORDER – AMENDED
Adjudicator: Susan Clarke, Vice Chair (A)
Appearances: For the Appellant: Réjean Parisé, counsel For the Respondent: Deanna Exner, counsel, and Senior Investigator Erin Brûlé, and Regional Supervisor Nicole Driscoll, Animal Welfare Services
Observer: Edgar-Andre Montigne, ACRB Member
Date of Order: July 14, 2022
BACKGROUND
1The appellant, Matt Peredery, is the owner of eleven cattle, cared for on her farm, located at 1433 Radar Rd., in Hanmer, Ontario and other properties (undisclosed) in the Sudbury area.
2On May 12, 2022, Animal Welfare Services ("AWS") issued a Compliance Order to the appellant requiring her to have a veterinarian assess her cattle and that she follow any treatment recommendations made by said veterinarian. The appellant was also required to provide AWS with the documentation specified on the Order. Compliance was required by May 30, 2022.
3The appellant filed an appeal of the Compliance Order to the Animal Care Review Board (the "Board") on the basis that despite extensive efforts, she has been unable to retain a veterinarian.
4A hearing was set for July 13, 2022, to hear the appeal, but was converted to a case conference at the outset on consent of the parties. During the case conference, the parties reached a settlement in which the Compliance Order would be modified to:
(i) Reflect the number of cattle the order applied to; and
(ii) Provide the appellant additional time to comply.
5The modified Compliance Order would also provide that if the appellant was unable to comply, AWS would exercise their powers under the Provincial Animal Welfare Services Act, 2019 (the "Act")1 to inspect the animals with the assistance of a veterinarian and take such action as might be required following the inspection to address distress if any is identified.
6The parties requested an Order from the Board reflecting the agreed upon variations to the Compliance Order.
ON CONSENT OF THE PARTIES, I ORDER THAT:
7Pursuant to s. 4.1 of the Statutory Powers Procedure Act2 and sections 38(9) and 38(11) of the Act, I modify the Compliance Order without a hearing on consent of the parties as follows:
the CHIEF ANIMAL WELFARE INSPECTOR and MATT PEREDERY (the parties) agree and consent to the Animal Care Review Board (the Board) modifying the May 12, 2022, Order [hereinafter "May 12 Order"] under section 38 of the Act as follows:
"Regarding all cattle at the above address" be replaced with "Regarding two cattle, a black dairy cow and a brown dairy cow, as identified in the attached photos which form part of the Order,"
"Overall body condition, herd health assessment, and nutritional management plan" be replaced with "Overall body condition, health assessment, and nutritional management plan, and the brown dairy cow also be examined with special attention to the ocular discharge and the black dairy cow also be examined with special attention to the irregular breathing patterns,
"Provide the animal welfare inspector with documentation from the veterinarian outlining the examination findings, and the treatments recommended and undertaken" will remain unchanged,
"Follow the treatment recommendations of the attending veterinarian with regards to distress" will remain unchanged, and
Completion date "May 30, 2022, by 10:00 a.m." be replaced with "July 18, 2022, no later than 5 p.m."
In addition to modifying the Compliance Order, the parties further agree to the addition of the following paragraphs from the settlement agreement into this Consent Order:
a. Should a veterinarian examine the black dairy cow and the brown dairy cow (two cattle) identified in the photos attached to the varied May 12 Order before July 18, 2022 at 5 p.m. MATT PEREDERY will immediately notify Inspector Erin Brule by email at Erin.Brule@Ontario.ca, the full name and contact information for the veterinarian who examined the two cattle, as well as provide any other information that is provided by the veterinarian to her.
b. If MATT PEREDERY fails to have a veterinarian examine the two cattle by July 18, 2022, at 5 p.m. as is required by the varied Order, MATT PERDERY agrees to have the two cattle identified in the varied May 12 Order present and available for a compliance check by Animal Welfare Services at 1433 Radar Road, Hanmer, Ontario on or before 10:00 a.m. on July 19, 2022.
c. If MATT PERDERY fails to have a veterinarian examine the two cattle on or before July 18, 2022, at 5 p.m., animal welfare inspectors will:
i. attend at 1433 Radar Road, Hanmer, Ontario on July 19, 2022, at 10:00 a.m. to carry out an inspection under section 24(1) of the Act,
ii. be accompanied by a veterinarian who will examine the two cattle as is set out in the varied May 12 Order, and
iii. provide necessaries to relieve the distress of the two cattle as is recommended by the veterinarian including providing further necessaries to relieve either one or both of the two cattle's distress and / or remove one or both of the two cattle to provide necessaries to relieve their distress.
d. Should a veterinarian attend at 1433 Radar Road with Animal Welfare inspectors on July 19, 2022, to examine the two cattle,
i. MATT PEREDERY agrees to pay the costs of the veterinarian's assessment of the two cattle and the costs for any further necessaries incurred by Animal Welfare Services to relieve the distress of the two cattle.
ii. Animal Welfare Services will indicate the costs of the necessaries provided to the cattle, including the cost of the veterinarian's assessment, in a Statement of Account made under section 35 of the Act and will serve it on MATT PEREDERY in accordance with the Act.
- MATT PEREDERY will withdraw her appeal in the matter of ACRB 14064 by filing a notice of withdrawal with the Board by July 14, 2022, not later than 5:00 p.m.
Release Date: July 14, 2022
Amended Date: July 15, 2022
___________________________
Susan Clarke, Vice Chair (A)