The Honourable Madam Justice Ross has declared that the decision of the SPCA to seize three young horses from John Van Dongen was unauthorized and invalid and that he is not liable for the costs of the seizure under section 20 of the Prevention of Cruelty to Animals Act.

The Honourable Madam Justice found that the SPCA had not asked John Van Dongen to agree to consult with a veterinarian within 24 hours and agree to follow the veterinarian's recommendations for treatment. She concluded that there was therefore no basis upon which the SPCA could conclude that John Van Dongen had not or would not act promptly to relieve any distress. It followed that the precondition to seizure in section 11(a) of the Prevention of Cruelty to Animals Act was not satisfied and accordingly the seizure was unlawful.