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ARTICLE · 06 JANUARY 2016

Agricultural Law NetLetter - Monday, December 21, 2015 - Issue 338

Miller Thomson
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The Ontario Superior Court of Justice has reviewed and upheld a decision of the Ontario Animal Care Review Board concerning the removal of 25 horses from an Ontario farm.

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** HIGHLIGHTS **

  • The Ontario Superior Court of Justice has reviewed and upheld a decision of the Ontario Animal Care Review Board concerning the removal of 25 horses from an Ontario farm. The Review Board concluded that the removal of the horses by the Ontario SPCA complied with the provisions of the Ontario Society for the Prevention of Cruelty to Animals Act. The Court concluded that chronic situations are sufficient to establish distress under the Act and ordered that a farmer pay the SPCA's costs of $62,554.00 in relation to caring for most of the herd while in detention. The cost for caring for two horses was rejected because the SPCA had, through oversight, failed to mention these horses in the Removal Order issued pursuant to the Act. (Hurley v. Ontario Society for the Prevention of Cruelty to Animals, CALN/2015-028, [2015] O.J. No. 6580, Ontario Superior Court of Justice)

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