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Motion dismissed because the applicant failed to comply with filing requirements and provide any explanation or affidavit for delay, the proposed appeal lacked merit given the Divisional Court's finding that the ACRB's decision was reasonable, and the interests of justice do not favour setting aside the Registrar's dismissal.
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Motion dismissed because moving parties failed all three RJR‑MacDonald branches: there was no serious issue to be tried (no arguable error of law or question of public importance), no irreparable harm as the animals had been forfeited, and the balance of convenience favoured denial of a stay; court lacked jurisdiction to order inspections or semen collection post‑forfeiture.
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The court accepted a joint submission for corporate animal-cruelty sentencing, imposing fines and three-year probation orders on Elite Farm Services Ltd. and Sofina Foods Inc.
The court dismissed a pre-trial application for particulars, holding the indictment and extensive disclosure sufficiently informed the accused of the transactions alleged.
Nova Scotia (Environment) v. Tynes
Although the applicant succeeded in the judicial review and remittal was ordered, the judge lawfully exercised discretion under Rule 77.02(2) to refuse a costs award against the respondent to avoid prejudicing his ability to provide for himself and his family and to participate in the rehearing.
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The court acquitted Charlene Robinson of animal cruelty charges, finding some horses suffered from poor condition but the Crown did not prove wilfulness or a marked departure.
The Federal Court of Appeal held the Tribunal was entitled to prefer the respondents' expert evidence and to reject the CFIA's contention that post-unloading observations proved the pig was unfit at the start; no legal error was demonstrated that warranted intervention, so the application for judicial review was dismissed.
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The Federal Court of Appeal concluded the Tribunal reasonably weighed the evidence, correctly assessed the limited probative weight of the Compromised Animals Policy, and did not misinterpret s.138(4); the applicant failed to show a perverse or capricious factual finding and the application for judicial review was dismissed as the Tribunal's decision fell within a range of acceptable outcomes under the reasonableness standard.
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The court granted a short adjournment of a judicial review hearing, extended an existing stay to the new hearing date, and declined to condition the stay on payment for dog care.
The British Columbia Court of Appeal dismissed Mr. Lohse’s application for leave to appeal, leaving in place the order vacating a stay and remitting the charges for trial.
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