SUPREME COURT OF NOVA SCOTIA
Citation: Rogier v. Halifax ( Regional Municipality),2009 NSSC 14
Date: 20090116
Docket: Hfx No. 302339
Registry: Halifax
Between: Francesca Rogier
v.
The Halifax Regional Municipality, the Field Operations Supervisor, Animal Services, Halifax Regional Police and an Animal Control Officer for Halifax Regional Municipality
LIBRARY HEADING
Judge: The Honourable Justice Duncan R. Beveridge
Heard: January 5, 2009 in Halifax, Nova Scotia
Written Decision: January 16, 2009
Subject: Interpretation of municipal by-laws and administrative law.
Summary: Municipal officers seized and then ordered the applicant’s dog to be destroyed
pursuant to a by-law that said he could do so on the basis of having a reason to
believe the dog had attacked another animal without giving her any opportunity
to be heard by the decision maker.
Issue: Was the scope of the by-law within the powers of the municipality to enact, and if so, did the enforcement officer owe a duty of fairness to the dog owner.
Result: The section of the by-law authorizing an animal control officer to destroy a dog based on his having a reason to believe it had attacked another animal was ultra vires and the decision purportedly made by the officer in reliance on the section was quashed. Further the officer owed a duty of fairness which was not accorded to the applicant and hence the decision was also quashed on that basis.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.