RS v Chirico, 2015 CanLII 334 (ON HSARB)

The Applicant is the subject of an Order issued by the Medical Officer of Health, North Bay Parry Sound District Health Unit to relinquish the animal known as “X” to the North Bay Humane Society to be euthanized, under section 13 of the Health Protection and Promotion Act. The Order states that the animal is a health hazard as defined in section 1(1) of the Act.

On October 31, 2014, the Applicant requested the Health Services Appeal and Review Board hold a hearing of the subject matter of the Order and a stay of the Order.

On December 19, 2014 the Board issued a Stay Order that included conditions surrounding the in-house confinement of X.

On December 29, 2014 the Respondent filed a Motion to Dismiss the Applicant’s appeal on the basis that the terms of the December 19th Stay Order regarding X’s confinement had been breached.

On December 31, 2014 the Board issued an Interim Order requiring the immediate return of X to the care of the North Bay Humane Society or the Society for the Prevention of Cruelty to Animals.

On January 2, 2015 the Applicant filed a Motion to extend the date of return of X to noon on January 3, 2015 and to extend the time for filing a response to the Respondent’s Motion to Dismiss to January 9, 2015—the Board granted an extension.

As of January 6, 2015 the information before the Board was that the Applicant has not complied with the Board’s January 2nd Order to surrender X to the North Bay Humane Society. The Board also found that the Applicant had been afforded due process and procedural fairness before the Board to pursue his request for an appeal.

Therefore, in accordance with the terms of the Board’s Order dated January 2, 2015, the Applicant’s request for a hearing before the Board in this matter is hereby dismissed.

Source: Case Law

Jurisdiction: Ontario

Topics: applicationdismisseddoghazardhealthorderRegulatorySPCA

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