Animal Care Review Board
Appeals under section 38 of the Provincial Animal Welfare Services Act, 2019, S.O. 2019, c. 13
Between:
Upneet Sagoo Appellant
and
Chief Animal Welfare Inspector Respondent
AMENDED CONSENT ORDER
Order Made By: Alisa Chaplick, Member Date of Order: February 27, 2024
Appearances:
For the Appellant: Shaun Harvey, Licensed Paralegal For the Respondent: Regional Supervisor, Eloise Jones, and Inspector Brittany Lee, Animal Welfare Services; Danielle Meuleman, counsel
Heard by videoconference: February 16, 2024
OVERVIEW
1Upneet Sagoo, the appellant, is the owner of thirty-three cats and three dogs (the Cats and Dogs) which were located at the appellant’s property in Waterloo, Ontario. The appellant does not reside at the property where the animals were located.
2On December 15, 2023, Inspector Brittany Lee of Animal Welfare Services (AWS) attended the appellant’s property and removed the Cats and Dogs. On that same date, Inspector Lee served a Notice of Removal (NOR) on the appellant pursuant to s. 31(1)(a) of the Provincial Animal Services Act, 2019, S.O. 2019, c. 13 (PAWS Act). The NOR stated that a veterinarian had advised Inspector Lee in writing that relieving the animals’ distress necessitated their removal, and listed the following issues:
(a) Unsanitary conditions; (b) No appropriate and adequate food and/or water source; and (c) Lack of medical care.
3Inspector Lee served a Notice of Decision to Keep Animal(s) in the Chief Animal Welfare Inspector’s Care (DTK#1) on the appellant, dated December 20, 2023, pursuant to s. 31(7) of the PAWS Act, for the Cats and Dogs.
4Inspector Lee served a Statement of Account (SOA) on the appellant dated January 2, 2024.
5Inspector Lee served a second Notice of Decision to Keep Animal(s) in the Chief Animal Welfare Inspector’s Care (DTK#2), dated January 23, 2024, on the appellant pursuant to s. 31(7) of the PAWS Act for kittens born to mothers who were removed by Inspector Lee on December 15, 2023.
6The appellant appealed the three notices (NOR, DTK#1 and DTK#2) and the SOA and made an application to the Animal Care Review Board for the return of the animals.
7The parties were able to resolve the issues in dispute during a recess in the hearing without holding a full hearing.
8While I do not have jurisdiction outside of s. 38 of the PAWS Act, the parties agreed to the following:
(a) AWS revokes the statement of account, with the right to reissue. Discussion will take place with the appellant before re-issuing.
(b) The parties are expressly preserving the Appellant’s right to challenge the lawfulness of the initial removal of the animals in any future SOA appeal.
(c) Boarding costs under the SOA will cease to be billed as of today (February 16, 2024), AWS will not bill for boarding costs that may accrue after February 16, 2024.
(d) AWS will conduct an inspection of the Appellant’s home on Feb 20 or 21 to confirm the conditions of the home. All the animals in care of the CAWI will be returned by AWS to the appellant no later than February 23, 2024. An order under Section 30 of the Act will also be issued by AWS on the date of the return of the animals. A draft order will be provided by AWS at least 48 before the issuance of the order by AWS.
(e) Ms. Sagoo expressly consents to entry for reinspection after return of the animals, at such times and dates that are requested by AWS, provided that AWS gives at least 24 hours notice in writing, or on the compliance dates as outlined on the order under section 30. Consent to enter expires 10 days after the compliance date on the Order.
(f) AWS undertakes to provide Ms. Sagoo with all previously undisclosed medical documents held by AWS or agents acting under their direction. Documents are to be provided via SYNC no later than 10 days from the date of return of the animals.
9The appeals are disposed.
Alisa Chaplick, Member
Released: February 27, 2024