Tribunals ontario

Animal Care Review Board

TRIBUNAUX DÉCISIONNELS ONTARIO

Commission d’étude des soins aux animaux

Date: 01/31/2025

Applications under section 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 DECISION AND ORDER

Adjudicator: Mark Sraga, Member

Appearances:

For the Appellant: Joshua Lapointe, Self-represented

For the Respondent: Jason Tam, Counsel

Heard by videoconference: January 6 and 7, 2025.

BACKGROUND

1This is a motion in the context of two applications before the Animal Care Review Board (ACRB) filed by Joshua LaPointe ("Appellant") – an appeal of a Notice of Removal (ACRB File No. 16514) and an Application for Return (ACRB File No. 16515.)

2On November 26, 2024, 33 Boston Terriers (Dogs) were removed from the Appellants residence due to non-compliance with a Compliance Order that had been issued by an Animal Welfare Services (AWS) Inspector. The Appellant appealed the Notice of Removal ("NOR") for the Dogs. In addition, the Appellant submitted an Application for Revocation of an Order or Return of an Animal ("Application for Return") for the Dogs.

3During the case conference that took place on December 11, 2024, the parties consented to having the hearings for the two appeals be heard one immediately after the other.

4On January 6 and 7, 2025 the Board held a teleconference hearing with respect to ACRB File Number 16514 – Notice of Appeal of the NOR. During the hearing the Chief Animal Welfare Inspector (the "Respondent") brought a motion to permit all of the testimony and evidence introduced in the Appeal of the Removal to also be admitted in the subsequent hearing for ACRB File Number 16515 – Application for Return.

5The Appellant consented to the Respondent's motion to permit the evidence introduced in the hearing for ACRB File Number 16514 to also be admitted in the hearing for ACRB File Number 16515 which is scheduled to be heard on February 6, 2025.

ISSUES

6In determining whether to grant this motion, the Board must consider:

a) Should the Board treat the evidence admitted in the NOR appeal as if it has been admitted in the Application for Return proceeding, on the parties consent?

RESULT

7The Respondents motion is granted. The Board finds that under the circumstances of this matter, treating evidence admitted in the NOR appeal as if it has been admitted in the Application for Return proceeding is appropriate.

EVIDENCE AND ANALYSIS

8Section 15.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 (SPPA) authorizes a tribunal to treat previously admitted evidence as if it has been admitted in a proceeding before the tribunal, if the parties to the proceeding consent.

9Previously admitted evidence is defined as "evidence that was admitted, before the hearing of the proceeding referred to in that subsection, in any other proceeding before a court or tribunal, whether in or outside of Ontario."

10Proceeding is defined as a proceeding to which the SPPA applies.

11The parties consented to the Board treating previously admitted evidence in the hearing for the NOR to be admitted in the hearing for the Application for Return. Since the appeal and the application involve the same animals and arise out of the same set of circumstances, it is likely that there will be evidence admitted in the Appeal of the NOR that is relevant and necessary evidence for adjudication of the Application for Return.

12Therefore, based on the provisions and definitions contained in s.15.1 of the SPPA and that the parties consent to this, the Board is satisfied that exercising its discretionary power under s.15.1 of the SPPA is appropriate. Evidence that is admitted during ACRB hearing for File No. 16514 may be considered as evidence in the ACRB hearing for File No. 16515.

ORDER

13Pursuant to the powers of the Board under s.15.1 of the SPPA, the Board:

1. Grants the Respondents motion to permit evidence admitted in relation to ACRB File Number 16514 to be treated as evidence admitted by the Board during the hearing for ACRB File Number 16515.