City mistakenly files application to euthanize killer dogs to wrong court yyc
The court laid out a schedule to have the city file all briefs and materials linked to the case by Sept. 13 and the defendants to file their materials a week later on Sept. 20. The city filed eight affidavits on Sept. 13 and the dog owners filed their application regarding court jurisdiction the same day.
After both sides submitted arguments over who has jurisdiction to hear the application, Justice Colin Feasby ruled the Court of King’s Bench does not have jurisdiction to hear a dangerous dog act application on first reading, staying the original application.Article contenthe result of this application, though required by the law, is unfortunate.
applications in the Court of King’s Bench,” wrote Feasby. “The Respondents acceded to the City’s chosen path and imposed on the goodwill of the administration of the Court to expedite the matter only to raise a jurisdictional objection late in the process.” Feasby ruled the city does not have to reimburse the dog owners for costs given that they objected to the court’s jurisdiction late in the process. He said the timing was made for strategic reasons.ather than requiring that the matter start afresh, I have stayed the matter to allow the parties to work together to transfer the matter to Provincial Court,” wrote Feasby.
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