Janet Biswas v. Chief Animal Welfare Inspector, 2024 ONACRB 101

Animal Care Review Board

Date: October 21, 2024

Appeals under section 38 of the Provincial Animal Welfare Services Act, 2019, S.O. 2019, c. 13.

Between:

Janet Biswas Appellant

And

Chief Animal Welfare Inspector Respondent

DECISION AND ORDER

Adjudicators: Alisa Chaplick, Member; Mark Sraga, Member

Appearances: For the Appellant: Shaun Harvey, Licensed Paralegal For the Respondent: Kateryna Toderishena, Counsel

Heard by videoconference: September 6, 13 and 25, 2024

BACKGROUND

1Janet Biswas (the "Appellant") was the owner¹ of a number of animals including various breeds of parrots, other birds, cats, dogs and a turtle. Animal Welfare Services ("AWS") received a report on June 24, 2024, of animals in distress at the Appellant's residence at 12 Bay Street, Trenton (the "Property"). The Appellant refused an inspection by AWS inside of her residence, so AWS obtained a warrant and inspected the Property on July 11, 2024. AWS advised the Animal Care Review Board (the "Board") that they discovered a large number of animals in various forms of distress at the Property.

2Compliance orders were issued for some animals while other animals were removed from the Property under s. 31(1) of the Provincial Animal Welfare Services Act, 2019, S.O. 2019, c. 13 ("PAWS Act") to relieve their distress. For clarity, forty-seven birds were removed from the Property pursuant to s. 31(1) of the PAWS Act to relieve distress.

3The matters that were at issue in this case were are follows:

1. An appeal of a Compliance Order issued by AWS, dated July 24, 2024 (File Number 16130/ACRB);
2. An appeal from a Notice of Decision to Keep Animal(s) in the Chief Animal Welfare Inspector's Care dated July 29, 2024 (File Number 16131/ACRB);
3. An appeal of a Statement of Account dated July 24, 2024 (File Number 16132/ACRB); and
4. An Application for Return of Animals (File Number 16133/ACRB).

RESULT

4All of the files at issue in this case were either dismissed due to preliminary motions by the Respondent and on consent of the Appellant (File Number 16130/ACRB and File Number 16132/ACRB) or withdrawn by the Appellant (File Number 16131/ACRB and File Number 16133/ACRB). These four files are all closed.

PRELIMINARY MOTIONS BY RESPONDENT

Respondent's Preliminary Motion re Appeal of Compliance Order (File Number 16130/ACRB)

5At the beginning of the hearing, as a preliminary matter, the Respondent made a motion to dismiss the appeal of the Compliance Order for File Number 16130/ACRB. The Compliance Order was issued by AWS pursuant to the PAWS Act on July 24, 2024 in relation to a poodle type dog. The Compliance Order stated that a veterinarian assessment was required in relation to blood found in the dog's stool.

6The Respondent's counsel argued that an appeal must be filed within 10 business days of the Compliance Order being issued, pursuant to O. Reg. 447/19² and s. 38(2) of the PAWS Act. The Respondent's counsel submitted that the Compliance Order was issued on July 24, 2024 and appealed on August 12, 2024 – more than 10 business days after it was issued.

7The Appellant's representative consented to the dismissal of the Compliance Order appeal because the Appellant was out of time when she filed the appeal.

8The Board agreed with the Respondent and with the Appellant on consent, that the Compliance Order appeal was filed late. Therefore, the Appellant's appeal of the Compliance Order was dismissed.

Respondent's Preliminary Motion re Appeal of Statement of Account (File Number 16132/ACRB)

9At the beginning of the hearing, as a preliminary matter, the Respondent made a motion to dismiss the Statement of Account (the "SOA") appeal in this matter, for File Number 16132/ACRB.

10The SOA at issue in this matter was dated July 24, 2024. On August 26, 2024, the SOA was revoked. A new Statement of Account was issued on August 26, 2024 ("New SOA") and the New SOA was appealed by the Appellant. The New SOA is not the subject of this hearing.

11The Respondent argued that the appeal of the SOA issued on July 24, 2024 is moot because the SOA has been revoked. On day one of the hearing, the Appellant's representative consented to the Respondent's motion to dismiss the appeal of the SOA dated July 24, 2024 in this matter.

12The Board agrees with the Respondent and with the Appellant, on consent, that the SOA dated July 24, 2024 has been revoked and is no longer the subject of this hearing. Accordingly, the Board dismissed the SOA appeal – File Number 16132/ACRB.

REMAINING FILES

13After 2.5 days of testimony in this matter, the Appellant's representative stated that the Appellant would be withdrawing the remaining two matters at issue in this hearing. The two remaining matters were as follows:

1. An appeal from a Notice of Decision to Keep Animal(s) in the Chief Animal Welfare Inspector's Care dated July 29, 2024 (File Number 16131/ACRB); and
2. An Application for Return of Animals (File Number 16133/ACRB).

14As a result, the Board closed File Numbers 16131/ACRB and 16133/ACRB.

ORDER

15The Board Orders that all of the matters at issue in this hearing have been closed on consent or withdrawn by the Appellant as follows:

1. The appeal of a Compliance Order issued by AWS dated July 24, 2024 (File Number 16130/ACRB) is dismissed due to late filing on consent of the Appellant;
2. The appeal of a Notice of Decision to Keep Animal(s) in the Chief Animal Welfare Inspector's Care dated July 29, 2024 (File Number 16131/ACRB) is withdrawn by the Appellant;
3. The appeal of an SOA dated July 24, 2024 (File Number 16132/ACRB) is dismissed on consent of the Appellant; and
4. The Application for Return of Animals (File Number 16133/ACRB) is withdrawn by the Appellant.

16ACRB File Numbers 16130, 16131, 16132 and 16133 are closed.

Footnotes

1. 1It is unknown as to how many animals the Appellant currently owns but her ownership of the animals will be discussed in this Decision and Order.
2. 2O. Reg 447/19 is "Ministerial Prescriptions" under the PAWS Act.