Return of an Animal

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-04-26
CLNP Page ID:	1629
Page Categories:	Ontario Animal Care and Review Board
Citation:	Return of an Animal, CLNP 1629, <3j>, retrieved on 2024-04-26
Editor:	MKent
Last Updated:	2021/09/03

Gowland v Chief Animal Welfare Inspector 2021 ONACRB 2, 2021 ONACRB 2 (CanLII)

[49] The appellant takes the position that all seven cats should be returned to her. Alternatively, she requested the return of four cats, namely Orville, Sasha, Charlie and Tiger. The Act does not list any factors to be considered in relation to whether lawfully-removed animals should be returned to their owners. As a matter of common sense, however, I must consider whether the conditions giving rise to the removal of the animals in the first place have been remedied. Secondly, I must consider whether the appellant has the ability and willingness to provide appropriate care for the animals in the future to prevent a recurrence of the conditions that led to their removal in the first place. Lastly, subjective factors such as the appellant’s desire for the return of the animals and her need for the animals are factors worthy of consideration.

[50] In this case, the appellant stated her clear desire that all the cats be returned to her. Her testimony led me to believe that she is genuinely attached to the animals and that they are important to her. On the other hand, it is not clear that the sanitary conditions of her home have improved since the removal of the cats. As well, the evidence shows that she is unable to afford to keep seven cats and that she lacks the ability and/or willingness to comply with minimum standards of care required by her pets. These factors outweigh her strong desire for the return of the cats. As such, I decline to order the return of any of the seven cats.