Tribunals ontario
Animal Care Review Board
TRIBUNAUX DÉCISIONNELS ONTARIO
Commission d’étude des soins aux animaux
Appeal under s. 38 of the Provincial Animal Welfare Services Act, 2019, R.S.O. 2019, c. 13.
Between
Chelsey Flanders and Parker (Lexa) Mogck
Appellants
and
Chief Animal Welfare Inspector
Respondent
DECISION AND ORDER
ADJUDICATORS: Susan Clarke, Managing Vice Chair, and Mark Sraga, Member
For the Appellant: Chelsey Flanders and Parker (Lexa) Mogck, self-represented
For the Respondent: Danielle Meuleman, Counsel
Heard by Videoconference: October 15, 16 and 18, 2024
BACKGROUND
1This hearing involves an appeal of a Statement of Account (SOA) brought by Chelsey Flanders and Parker (Lexa) Mogck (the “Appellants”), who are the owners of 5 dogs,12 cats (“the cats and dogs”) and a female American Quarter Horse (“the horse”), (collectively “the animals”).
2On June 5, 2024, Animal Welfare Services (AWS) removed the cats and dogs as they were found to be in distress and subsequently issued a Notice of Removal (NOR #1) to the Appellants. On June 6, 2024, AWS removed the horse as it too was found to be in distress, and subsequently issued a second NOR (NOR #2) to the Appellants. The Appellants appealed NOR#1 to the Board on June 5, 2024 (Board File Number 15966/ACRB), and NOR #2 to the Board on June 7, 2024 (Board File Number 15977/ACRB). The Appellants subsequently withdrew these appeals.
3The Appellants were issued a Notice of Decision to Keep Animal(s) in the Chief Animal Welfare Inspector’s Care (“DTK #1”) on June 21, 2024, for 1 cat and all the dogs. The Appellants were also issued a Notice of Decision to Keep Animal(s) in the Chief Animal Welfare Inspector’s Care (“DTK #2”) for the horse on June 21, 2024. The Appellants appealed DTK #1 and DTK #2 to the Board on June 23, 2024 (Board File Numbers 16011 and 16012/ACRB).
4The Appellants submitted an Application to the Board to return the cat and the dogs on June 24, 2024 (Board File Number 16025/ACRB) and an Application to the Board for the return of the horse on the same date (Board File Number 16026/ACRB).
5The Board released its Decision regarding the appeals of the two DTKs, and the two Applications on September 9, 2024, dismissing them (Flanders/Mogck v Chief Animal Welfare Inspector, [2024 ONACRB 98](https