Cunningham and Whiffen appealed their conviction for causing unnecessary pain and suffering to a horse, under 445.1(1) and a judicial stay on 446(1)(b) (2011 BCPC 0358). The grounds of appeal were based on the evidence of Ms. Sabourin, who was present at the time the horse was purchased and later moved onto the farm for a brief period. Ms. Sabourin was a veterinary assistant and offered Whiffen and Cunningham advice for the horse’s special diet when she became concerned about his weight loss. She repeated this on multiple occasions during the few months she lived on the farm. The appellants contested that Ms. Sabourin taking over care of the horse broke the causative link necessary for any criminal liability on their part.
The judge dismissed the appeal of each appellant.