Judge cites volatile relationship in ruling SPCA's seizure of horses was illegal

Vancouver Sun
Tuesday, April 19, 2005

DELTA - A B.C. Supreme Court judge has ruled the SPCA acted illegally when it seized three horses in late 2003 from the Delta farm of John van Dongen.

In her written judgment, Justice Carol Ross said "the seizure was not authorized and was unlawful," and said she was "troubled" by the actions of the SPCA's officers.

The B.C. Society for the Prevention of Cruelty to Animals said shortly after the seizure that two of the horses were lame and one was suffering from a tumour.

But Ross ruled that "the animals were clearly not in critical distress," and said the SPCA should have consulted van Dongen's veterinarian before seizing the animals.

In the judgment's statement of facts, Ross said there was a "history of strained relations" between van Dongen and an SPCA constable who repeatedly went on van Dongen's property without permission. The judge described the relationship between the two men as "volatile."

"What is most unfortunate, in my view, is that their collective actions and reactions caused unnecessary stress and injury to the very animals they were attempting to protect," wrote Ross.

Van Dongen has the three horses back on his property and said Monday in a telephone interview they are all healthy.

He blames the seizure on long-standing ill feelings between himself and some members of the SPCA.

Van Dongen said the judge's decision means the SPCA will have to repay him the $2,000 it charged him to get two of the horses back. Justice Ross declined to award van Dongen the "special costs" he was requesting.

© The Vancouver Sun 2005