Application by the BC SPCA for an order requiring Haughton to pay costs incurred for the care of her animals, prior to returning her animals. Haughton was charged under both the Prevention of Cruelty to Animals Act and the Criminal Code with cruelty to animals for the treatment of her cats and dogs. The SPCA seized her animals and cared for them for 7 days. After renovating the facility in which the cats and dogs were kept, Haughton was permitted to have the animals returned to her. The SPCA sought to recover its costs of $35,815 plus additional expenses, before the animals were released.
The Court held that Haughton was to pay the SPCA just over $34,000. Failure to do so by a specified date would grant the SPCA power to dispose of the animals. In determining what would amount to reasonably incurred costs, the Court considered the veterinary costs of the animals, daily costs of caring for the animals, employee related expenses, and the cost of seizing the animals. The SPCA was not allowed to charge for loss of revenue for the sale of the cats and dogs, as this expense was not contemplated by the Act.
Source: Case Law
Jurisdiction: British Columbia