Yasmeen Peer

The moving parties, operators of a dog sledding business, sought a stay of an Animal Care Review Board decision requiring them to pay over $500,000 for the costs of care of over 100 sled dogs removed by animal welfare authorities.

The stay was sought pending the determination of two related applications for judicial review challenging the underlying compliance and removal orders.

Applying the RJR-MacDonald test, the court found a serious issue to be tried, irreparable harm due to the potential forfeiture and euthanization of the specially trained dogs, and that the balance of convenience favoured a stay to prevent the judicial reviews from becoming moot.

The court granted the stay on terms, including a requirement for future submissions on financial security for ongoing care costs.

The applicant sought judicial review to quash a municipal council resolution directing staff to proceed with the development of an arena/event centre.

The applicant alleged procedural unfairness and bad faith, arguing that a staff update report failed to include requested information.

The Divisional Court dismissed the application, finding no evidence of procedural unfairness, bad faith, or arbitrary conduct by the council.

The court also noted that while an alternative statutory remedy existed under the Municipal Act, it exercised its discretion to hear the judicial review to avoid further delay in the long-standing planning process.