Sheets v. Society for the Prevention of Cruelty to Animals (Ont.), (1984) 5 O.A.C. 309 (DC)

• Judge: O'Driscoll, Gray and Sutherland, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: September 04, 1984
• Jurisdiction: Ontario
• Citations: (1984), 5 O.A.C. 309 (DC)

Sheets v. SPCA (1984), 5 O.A.C. 309 (DC)

MLB headnote and full text

Sheets v. Ontario Society for the Prevention of Cruelty to Animals

(No. 1066/82)

Indexed As: Sheets v. Society for the Prevention of Cruelty to Animals (Ont.)

Ontario Divisional Court

O'Driscoll, Gray and Sutherland, JJ.

October 9, 1984.

Summary:

The Ontario S.P.C.A. seized 37 horses belonging to Sheets. The Animal Care Review Board ordered that Sheets pay $6.00 per day per horse to the Society to reimburse it for the cost of providing food, shelter and care for the animals. Sheets appealed to the County Court as provided in the Society for the Prevention of Cruelty to Animals Act. The County Court judge affirmed the order. Sheets applied for judicial review of the County Court judge's decision on the grounds that there was no evidence upon which to hold that the cost should be based on $6.00 per day, and that the County Court judge lacked jurisdiction.

The Ontario Divisional Court dismissed the application.

Animals - Topic 1446

Care of animals - By statutory agency - Costs of - Liability of owner - The Ontario Divisional Court held that on an appeal to the County Court from a decision of the Animal Care Review Board, the County Court judge had jurisdiction to order the owner of an animal seized by the S.P.C.A. to pay for the cost of providing food, shelter and care for the animal, regardless of the lack of specific statutory authority to make the order.

Cases Noticed:

Regina v. Ontario Labour Relations Board, Ex p. Taylor, [1964] 1 O.R. 173, appld. [para. 21].

T.T.C. v. Aqua Taxi Limited et al., [1957] O.W.N. 65, not appld. [para. 22].

Statutes Noticed:

Society for the Prevention of Cruelty to Animals Act, R.S.O. 1980, c. 356, sect. 15 [paras. 4, 20]; sect. 17(6) [paras. 5, 20]; sect. 18 [paras. 6, 20]; sect. 18(4) [paras. 7, 24].

Counsel:

Ronald M. Lieberman, for the applicant;

I.F.H. Rogers, Q.C., for the respondent.

This application was heard before O'Driscoll, Gray and Sutherland, JJ., of the Ontario Divisional Court on September 4, 1984. The decision of the court was delivered orally by Gray, J., and released on October 9, 1984.