ANIMALS |
Wadacerf International Inc. v. Canada
A-355-00
2001 FCA 390, Desjardins J.A.
18/12/01
14 pp.
Appeal from Trial Division judgment ([2000] F.C.J. 517) allowing in part action in tort brought by respondent pursuant to Crown Liability and Proceedings Act, s. 3(a) for death of deer from Australia because of injuries sustained while being unloaded at Mirabel and transported to farm--Originally planned 643 deer to be transported in cages to farm, but when unloaded, deer taken out of cages, transferred to trailers--Trial Judge held appellants liable pursuant to Health of Animals Act, s. 4(1)(i), (ii) and Regulations, ss. 138 et seq.--However, liability reduced by Regulations, s. 139(2) which provided animal should not be loaded or unloaded by carrier in way likely to cause injury or undue suffering to it--Trial Judge held two quarantines imposed (which respondent considered caused some of deaths) not unreasonable and covered by immunity contained in Act, s. 50--Appeal allowed--Not unreasonable for Trial Judge to say no evidence on which could conclude change in vehicles ordered by Agriculture Canada--But erred in finding inspectors responsible for ensuring "humanitarian" transport of animals--Liability for "humanitarian" transport not based on any legislative provision--Appellants could not be held liable in case at bar--Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50, s. 3(a)--Health of Animals Act, S.C. 1990, c. 21, ss. 50, 64 (as am. by S.C. 1993, c. 34, s. 76)--Health of Animals Regulations, C.R.C., c. 296, ss. 138, 139.