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. ...