By CHERYL WIERDA
Abbotsford News
Mar 21 2006
Quirinus van Dongen, father of local MLA John van Dongen, is suing the SPCA in connection to the high profile seizure of his animals in Abbotsford nearly three years ago.
The small claims court trial started last week and is set to continue on April 12.
The elder van Dongen is seeking nearly $11,500 for the recovery of his animals, as well as damages and monies for the devaluation of his animals, to the maximum allowable claim of $25,000.
Van Dongen claims that 44 horses and 62 cattle were “wrongfully converted” to the SPCA’s “chattels” and that he suffered losses and damage in the recovery of his animals.
As well, he said the condition of the animals were devalued because of the care they received after they were seized by trespass, and that he suffered damage to his reputation.
The SPCA is denying all the allegations. They say the animals were rightfully seized from the Lefeuvre Road and Sorenson Street properties, and that they do not owe van Dongen the cost of recovering his animals because he agreed to covering the costs in a written agreement.
They also deny the animals were devalued and denied damage to van Dongen’s reputation.
The trial centres around whether the animals were lawfully taken into custody. If the answer is negative, van Dongen is asking a judge to decided if he’s entitled to the return of costs incurred recovering his animals and damages for the devaluation of his animals, as well as whether the release documents are enforceable.
Van Dongen, who is in his 80s, was charged under the Prevention of Cruelty of Animals Act following the 2003 seizure of his animals.
After a trial in December 2004, a provincial court judge dismissed the charges, saying he had reasonable doubt that van Dongen neglected the horses and cows on his farm and deprived the horses of shelter at his Lefeuvre Road property.
The SPCA seized animals from the Lefeuvre Road property on the grounds that an apparent lack of shelter and the presence of dangerous debris put the horses in a state of distress.
While conditions on van Dongen’s farm could have been better, the judge found, they were not unacceptable.