Yasmeen Peer

The appellants, who run a dog sledding business, appealed the Chief Animal Welfare Inspector's decision to remove over 200 dogs from their properties.

The appellants brought a motion for further disclosure, including documentation of the removal, the subsequent care of the dogs, and the Informations to Obtain (ITOs) used for the search warrants.

The respondent refused, arguing the information was irrelevant.

The Animal Care Review Board granted the motion, finding the requested disclosure was relevant to whether the removal was lawful and necessary for a full understanding of the issues.

The appellants, owners of a dog sledding business, appealed the removal of over 200 dogs by the Chief Animal Welfare Inspector.

They brought a preliminary motion seeking the interim return of the dogs pending the full hearing, arguing that a multiplicity of proceedings between the parties offended natural justice.

The Animal Care Review Board dismissed the motion, finding that the other proceedings did not address the same issues and were mostly initiated by the appellants themselves.

Furthermore, under the Provincial Animal Welfare Services Act, the Board only has the authority to order the return of animals after a full hearing on the merits, unless both parties consent, which did not occur here.

This was the fifth Case Management Conference regarding an application by Freymond Lumber Ltd. for a Class A licence under the Aggregate Resources Act and an associated official plan amendment approved by the County of Hastings, which was appealed by No Place for a Quarry Inc. The Tribunal directed the parties to submit a hearing plan by September 8, 2021, and declined to amend the Procedural Order or Issues List at this time, leaving outstanding matters to be addressed at the commencement of the hearing.

The Animal Care Review Board considered requests for reconsideration from both the appellants and the respondent regarding a previous decision concerning the care of sled dogs.

The respondent sought to reinstate original compliance dates, arguing the Board erred by extending them without reasons or evidence.

The appellants argued the Board incorrectly interpreted the requirement in Regulation 444/19 that outdoor dogs must have a chain at least 3 meters long.

The Board dismissed both requests, finding no errors of law, fact, or procedural fairness that would warrant reconsideration under Rule 18.2 of the Common Rules.

The appellants appealed compliance orders issued by Animal Welfare Services regarding the care of approximately 240 sled dogs and 14 horses at their commercial dog sledding and horse-riding facilities.

The Board confirmed the orders relating to the dogs' tether lengths and shelter insulation, finding they did not meet the minimum standards under the Regulation, but varied the order regarding dog house dimensions.

The Board revoked the orders relating to the horses, finding they had adequate natural shelter and no statutory requirement for bedding existed.

The appellants' argument that the inspection warrants violated section 8 of the Charter was dismissed, as the inspectors did not search any dwellings and were authorized to inspect the commercial operation.