The appellant, the Ontario Society for the Prevention of Cruelty to Animals is appealing the decision which granted judgment in favour of the respondent, Kenneth Hunter—awarding him damages in the total amount of $11,926.83 under s. 24(1) of the Canadian Charter of Rights and Freedoms.
The OSPCA conceded that an inspector trespassed on Mr. Hunter’s property but also submitted that in all the circumstances a nominal damages award of $100.00 for that trespass is appropriate.
The Court allowed the appeal. Awarding the nominal damages of $100.00, substituting for the awards granted by the trial judge, also, awarding costs to the OSPCA.
Source: Case Law