A woman whose four horses and pig were seized by the SPCA under the Prevention of Cruelty to Animals Act has lost a court application to reverse an injunction that had earlier been granted to her that required the SPCA to maintain her animals until her appeal against their seizure to the Farm Industry Review Board was dealt with.
The court heard Felicia Allen was also evicted from the property where she kept the animals. The SPCA offered to return them to her if she followed a re-feeding program and reimbursed the SPCA for costs it incurred for caring for the animals since they were seized. Allen didn91裸聊视频檛 accept the offer and sought to appeal the seizure before the FIRB. She then withdrew her appeal and commenced an action in B.C. Supreme Court and sought an injunction that would require the SPCA to continue to maintain the horses and pig pending its disposition.
The injunction was granted subject to her paying to the SPCA the cost of providing the animals with food and boarding. Allen then sought leave to appeal the injunction and to have the financial terms stayed, but Justice Mary Newbury, of the Court of Appeal for British Columbia, dismissed Allen91裸聊视频檚 applications, finding she had shown 91裸聊视频渘o arguable case91裸聊视频� the judge had erred in his decision.
Newbury in her April 18 noted that a special constable of the SPCA Animal Cruelty Department in February seized the horses and pig 91裸聊视频渙n the basis that the animals were in distress91裸聊视频� and in January, Surrey Animal Control seized her dog.
91裸聊视频淢s. Allen asserts that although her horses were lean, they were properly fed and cared for,91裸聊视频� the judge added.
The SPCA granted Allen an extension of time in which she could accept the terms of the return agreement but two days later she ought a further extension, Newbury noted, 91裸聊视频渟tating that she had no place for the animals to be kept, since her landlord had removed all of her equipment and was evicting her from her previous premises.91裸聊视频� Allen advised the court her action against the landlord is to be tried in court in October.
The judge noted that as long as the injunction remains in effect, Allen is required to pay the SPCA $139 per day in six instalments starting on April 21, when $695 was payable. 91裸聊视频淭he last instalment is due on June 30, when $1,946 will be payable. The total amount payable up to June 30 will exceed $10,000. I understand the animals are being housed by third parties and the SPCA is paying the costs of boarding and food.91裸聊视频�
Newbury noted that if Allen fails to pay any required instalment when its due the injunction will be 91裸聊视频渄eemed to have lapsed,91裸聊视频� and if she pays only a portion of the required funds, the society can 91裸聊视频渄ispose of a number of animals pro-rated to the amount of money91裸聊视频� Allen paid, at the rate of $32 per day per horse. 91裸聊视频淢s. Allen will have no authority to direct that the Society dispose of any particular animal or in any particular order.91裸聊视频�
Allen submitted she doesn91裸聊视频檛 have the money to care for the animals at this time.
Counsel for the SPCA argued that the interests of justice don91裸聊视频檛 favour granting leave to appeal, submitting that Allen91裸聊视频檚 goal is 91裸聊视频�91裸聊视频ransparently aimed at having the [SPCA] house and feed the animals at its cost for some undefined time period,91裸聊视频� that she has no place for the animals 91裸聊视频渉as no intention of funding the costs of feeding and boarding them91裸聊视频� and therefore it91裸聊视频檚 91裸聊视频渄ecidedly not in the interests of justice to grant leave to appeal in the circumstances.91裸聊视频�
Newbury said while she91裸聊视频檚 91裸聊视频渘ot prepared to ascribe a malicious intention to Ms. Allen,91裸聊视频� it wouldn91裸聊视频檛 be in the interests of justice to grant leave to appeal. 91裸聊视频淚n an ideal world, animals could be cared for without draining of the resources of organizations such as the SPCA, but such is not reality,91裸聊视频� Newbury concluded. 91裸聊视频淚n my view, Ms. Allen91裸聊视频檚 argument that her affection for the four horses and one pig should effectively oblige the SPCA to bear the costs of maintaining the animals is simply not tenable.91裸聊视频�
tom.zytaruk@surreynowleader.com
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