This is a motion by the OSPCA to quash an appeal made by the appellant (Bevan). The sole issue is whether the appellant has a right of appeal from the order of a Superior Court Judge under section 18 of the Ontario Society for the Prevention of Cruelty to Animals Act (“OSPCA Act”).
Both the OSPCA and Bevan had appealed a decision by the Animal Care Review Board, which upheld, in part, a compliance order made against the appellant, as well as required the OSPCA to pay the costs of care of the horses, and the appellant and OSPCA each to bear half the costs for the care of the sheep. The Board also ordered that the animals be returned to the appellant on certain conditions.
On appeal, the court dismissed the appellant’s appeal but allowed the OSPCA’s appeal. The appellant seeks to appeal that order. The OSPCA brings this motion to quash the appeal on the basis that there is no right of appeal to this court and, alternatively, since the appeal is therefore frivolous and vexatious, for security for costs.
Section 18(4) of the Act provides that an appeal of a decision of the Board to a judge of the Superior Court of Justice “shall be a new hearing and the judge may rescind, alter or confirm the decision of the Board and make such order as to costs as he or she considers appropriate, and the decision of the judge is final”. The judge does not think this ousts the appellate jurisdiction conferred by the Courts of Justice Act, under which an appeal lies from a “final order” of a judge of the Superior Court of Justice.
The court dismisses the motion to quash with costs to the appellant fixed in the amount of $2,500.
Source: Case Law