Cassells v University of Victoria, 2010 BCSC 1213

The University of Victoria filed an application to set aside an injunction prohibiting the University from euthanizing rabbits on campus. The University wished to resume killing the rabbits in response to their problematic rabbit population. Prior to the injunction, the University trapped 104 rabbits and euthanized them. The University then released a plan to trap, sterilize, relocate, and put down rabbits from the campus. The injunction was brought by a private individual who sought to restrain the University from killing rabbits on its campus.

In allowing the application, the Court found that the petitioner did not demonstrate that she had a “private right” or that she will suffer “special damage peculiar to herself” to establish that she fell within the Court’s jurisdiction. Specifically, the petitioner did not have any right, legal, equitable, or proprietary, in the rabbits. The Court also found that the petitioner’s request would have the undue effect of stigmatizing the University with quasi-criminal prosecution.

Source: Case Law

Jurisdiction: British Columbia

Topics: CampuscullinjunctionNuisance Caused by Wildlifeprivate interestpublic interestrabbitsstanding

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