2. I think the Society for the Prevention of Cruelty to Animals must be taught that if they are going to seize animals, they will have to keep records of the cost of maintaining those animals, and if they do not keep those costs, and keep records, and be able to show a proper basis for the charges that they are asking, that they are going to suffer as a consequence.
[41] The plaintiff had to prove two things. It had to prove that the rate it charged for the care of the birds and animals was reasonable and that it incurred or paid out the amount claimed. A claim of over $165,000 for the care of these birds and animals is not supportable by any standard of reasonableness. In addition, the plaintiff failed to prove that it in fact incurred or paid out the total amount claimed.
[42] The plaintiff called very little evidence as to what care was actually provided. In addition, the plaintiff failed to call anyone with firsthand knowledge as to what amounts were actually incurred or paid for the care of these birds and animals and who received those amounts.
[43] I am not allowing any amount for boarding costs. I am, however, allowing the accounts which the plaintiff has proved, and which total $5,028.
[44] The defendant is entitled to a credit of $1,763.40 which is the amount recovered by the plaintiff on the sale of the birds and animals. The balance owing by the defendant, Steve Straub is $3,205.75.
Judgment
[45] The plaintiff will have judgment against Steve Straub for $3,205.75. The action is dismissed as against John Straub. If necessary, the parties may make written submissions concerning the costs of this action within 30 days of the date of this judgment.