ANIMAL PROTECTION - Prevention of cruelty - Seizure - Offences and penalties

Law360 Canada (October 6, 2023, 6:29 AM EDT) -- Application by Windrift Adventures Inc. (Windrift) and Chief Animal Welfare Inspector (CAWI) for judicial review of Animal Care Review Board (Board)’s decision. The CAWI removed the 229 dogs from the Windrift’s premises for failure to comply with the standard of care set by the Animal Welfare Services (AWS). The CAWI kept the dogs in her care. On Windrift’s appeal, the Board moved to return some of the puppies to Windrift while the remaining dogs would be returned upon compliance with the orders set by AWS. The CAWI sought payment of $1,114,720.27 for the necessaries spent for dog care including transportation costs of the dogs to boarding facilities, boarding costs and veterinary services. On appeal, the Board varied the amount to $506,760.00 as it disallowed the transportation and veterinary services costs and reduced the boarding costs. Windrift claimed that the Board erred in allowing the boarding costs without evidence that the required standard of care was provided at the kennels. Windrift also claimed that the Board failed to consider Windrift’s inability to pay the amount in question. It therefore sought to file fresh evidence to support its application. The CAWI submitted that the Board erred in disallowing the veterinary and transportation costs and reducing the boarding costs and in imposing the burden on them to prove the costs incurred were reasonable....
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