The appellant appealed a Notice of Removal of his dog by Animal Welfare Services.
Following the removal, the appellant was served with a Statement of Account for veterinary care costs, which he neither paid nor appealed within the statutory deadlines.
Consequently, the dog was forfeited to the Crown by operation of the Provincial Animal Welfare Services Act.
The respondent brought a motion to dismiss the appeal.
The Board held that it lacked jurisdiction to return a forfeited animal, rendering the appeal moot.
Applying the Borowski test, the Board declined to exercise its discretion to hear the moot appeal, noting the lack of an adversarial context and the need for judicial economy.
The appeal was dismissed.