BC Farm Industry Review Board decision to approve the removal of 88 animals and requiring petitioners to pay for reasonable care costs of the seized animals is upheld by BCSC

22. November 2017 0
A decision of the B.C. Farm Industry Review Board approving the removal of 88 animals and requiring the petitioners to pay for the reasonable care costs of the seized animals was upheld. Administrative law – Decisions reviewed – Farm Industry Review Board – Right to award costs – Animals – Prevention of cruelty – Seizure ...

Court Ordered Minister of Agriculture to Review Inspector’s Decision to Seize and not return Animals to their Owner

26. October 2016 0
Judicial review from Minister’s review of seizure of animals under Animal Protection Act. Administrative law – Animals – Compliance with legislation – Correctness – Decisions of administrative tribunals – Interpretation – Judicial Review – Ministerial orders – Seizure and disposition of animals – Standard of Review Brennan v. Nova Scotia (Minister of Agriculture), [2015] N.S.J. No. ...

Applicant sought judicial review of the Minister of Agriculture’s review of the seizure of animals under the Animal Protection Act

14. June 2016 0
Judicial review from Minister’s review of seizure of animals under Animal Protection Act. Administrative law – Animals – Compliance with legislation – Correctness – Decisions of administrative tribunals – Interpretation – Judicial Review – Ministerial orders – Seizure and disposition of animals – Standard of Review Brennan v. Nova Scotia (Minister of Agriculture), [2015] N.S.J. No. 239, 2015 ...

Judicial review from Minister’s review of seizure of animals under Animal Protection Act

28. July 2015 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Animals – Seizure and disposition of animals – Judicial review – Compliance with legislation – Interpretation – Standard of review – Correctness Brennan v. Nova Scotia (Minister of Agriculture), [2015] N.S.J. No. 239, 2015 NSSC 171, Nova Scotia Supreme Court, June 10, 2015, M.J. Wood ...

The applicant, The Society for the Prevention of Cruelty (the “Society”), sought an Order against the respondents, the former branch of the Society, requiring the respondents to vacate and turn over possession of all property with respect to an animal shelter located at 401 East Broadway, Sydney, Nova Scotia. The issue before the Court was whether it should grant the applicant’s motion for an interim injunction, pending a final hearing on the merits of the application, based on the tripartite test for interim injunctions.

Administrative law – Decisions of administrative tribunals – SPCA – Associations and clubs – Governance – Animals – Seizure and disposition of animals – Remedies – Interlocutory injunctions – Judicial review – Applications Society for the Prevention of Cruelty v Cape Breton Human Society, [2012] N.S.J. No. 164, 2012 NSSC 128, Nova Scotia Supreme Court, ...

The application by a pet owner (“Ulmer”) for judicial review of the SPCA’s decision to take custody of her animals was dismissed where the Court found that the decision to seize and hold the animals was reasonable given that the animals were in distress and the evidence indicated that they would not remain in satisfactory condition if returned

Administrative law – Decisions of administrative tribunals – SPCA – Animals – Prevention of cruelty – Seizure and disposition of animals – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Ulmer v. British Columbia Society for the Prevention of Cruelty to Animals, [2010] B.C.J. No. ...