Appeal under s. 38 of the Provincial Animal Welfare Services Act, 2019, S.O. 2019, c. 13.
Between:
Joshua LaPointe
Appellant
and
Chief Animal Welfare Inspector
Respondent
MOTION ORDER
Order Made By: Alisa Chaplick, Member
For the Appellant: Joshua LaPointe, Self-Represented
For the Respondent: No submissions were requested
Heard by Written Submissions: December 17, 2024
BACKGROUND
1Joshua LaPointe (the "Appellant") is the owner of approximately 33 Boston Terriers (the "Dogs"). The Dogs were removed from the Appellant pursuant to a Notice of Removal ("NOR") dated November 26, 2024. The NOR states that the Dogs were removed because, pursuant to section 31(1)(c) of the Provincial Animal Welfare Services Act, 2019, S.O. 2019, c. 13, an Order issued by an inspector on October 10, 2024 was not complied with.
2The Appellant submitted a Notice of Appeal of the NOR for the Dogs to the Animal Care Review Board ("Board") dated November 26, 2024 (Board File Number – 16514/ACRB). In addition, the Appellant submitted an Application for Revocation of an Order or Return of an Animal ("Application for Return") for the Dogs to the Board dated November 25, 20241 (Board File Number – 16515/ACRB).
MOTION
3The Appellant filed a Notice of Motion with the Board dated December 9, 2024 seeking the return of all of the Dogs.
RESULT
4The Appellant's motion is denied.
ANALYSIS AND REASONS
5Rule 15.1 of the Licence Appeal Tribunal, Animal Care Review Board, and Fire Safety Commission's Common Rules of Practice and Procedure, Version I (October 2, 2017) as amended (Rules) requires a party bringing a motion to include in the Notice of Motion the grounds to be argued and the evidence in support of the motion.
6When reviewing the grounds to be argued in the Notice of Motion and reviewing the Appellant's "Reasons for Application" in the Application for Return, it is apparent that this motion is redundant. The Application for Return is the appropriate avenue to deal with this matter.
ORDER
7The Appellant's motion is denied.
8Except for the provisions contained in this Motion Order all previous Orders made by the Board remain in full force and effect.
9Should the parties reach a settlement at any time, the Appellant shall immediately notify the Board in writing. To do so, the Appellant must complete a Notice of Withdrawal and submit it to the Respondent and the Board as soon as possible.
10I am not seized of this matter.
Released: December 17, 2024
___________________________
Alisa Chaplick, Member