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 didn害羞草研究所檛 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 Allen害羞草研究所檚 applications, finding she had shown 害羞草研究所渘o arguable case害羞草研究所� 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 害羞草研究所渙n the basis that the animals were in distress害羞草研究所� and in January, Surrey Animal Control seized her dog.

害羞草研究所淢s. Allen asserts that although her horses were lean, they were properly fed and cared for,害羞草研究所� 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, 害羞草研究所渟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.害羞草研究所� 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. 害羞草研究所淭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.害羞草研究所�

Newbury noted that if Allen fails to pay any required instalment when its due the injunction will be 害羞草研究所渄eemed to have lapsed,害羞草研究所� and if she pays only a portion of the required funds, the society can 害羞草研究所渄ispose of a number of animals pro-rated to the amount of money害羞草研究所� Allen paid, at the rate of $32 per day per horse. 害羞草研究所淢s. Allen will have no authority to direct that the Society dispose of any particular animal or in any particular order.害羞草研究所�

Allen submitted she doesn害羞草研究所檛 have the money to care for the animals at this time.

Counsel for the SPCA argued that the interests of justice don害羞草研究所檛 favour granting leave to appeal, submitting that Allen害羞草研究所檚 goal is 害羞草研究所満π卟菅芯克��transparently aimed at having the [SPCA] house and feed the animals at its cost for some undefined time period,害羞草研究所� that she has no place for the animals 害羞草研究所渉as no intention of funding the costs of feeding and boarding them害羞草研究所� and therefore it害羞草研究所檚 害羞草研究所渄ecidedly not in the interests of justice to grant leave to appeal in the circumstances.害羞草研究所�

Newbury said while she害羞草研究所檚 害羞草研究所渘ot prepared to ascribe a malicious intention to Ms. Allen,害羞草研究所� it wouldn害羞草研究所檛 be in the interests of justice to grant leave to appeal. 害羞草研究所淚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,害羞草研究所� Newbury concluded. 害羞草研究所淚n my view, Ms. Allen害羞草研究所檚 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.害羞草研究所�

tom.zytaruk@surreynowleader.com
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