R v Pryor, 2008 ONSC 73615

Accused was convicted on four counts of causing unnecessary suffering or cruelty to animals, contrary to s. 446(1)(c) of Criminal Code, following investigation launched by the OSPCA. Accused appealed convictions on ground that trial judge misapprehended evidence. Appeal dismissed. Accused received suspended sentence and three years’ probation, and restitution order payable to SPCA was made in sum of $25, 511.56. Accused appealed sentence. Appeal allowed with respect to the restitution order.

Pryor appealed the decision of the Animal Care Review Board stating the animals should be returned to him and he should pay a modest amount of the costs. The Court had no difficulty determining the horses were in distress and subject to unnecessary neglect and were properly removed from the farm.

The Court disallowed recovery costs for the removal of the animals from the property and found the initial bill was so inflated that Pryor was not required to pay the cost of the care of the animals while he disputed the bill.