Woman ordered to pay SPCA over $80K after 88 animals seized from her rescue society
Sandra Simans and her 1Atatime rescue society have had over 160 animals seized this decade
The B.C. Supreme Court has upheld an order for a woman to pay for the care of 88 animals seized from her Langley rescue society.
The Farm Industry Review Board ordered Sandra Simans to pay the B.C. SPCA $81,235.50 in December after the animals, deemed to be in distress by the board, were seized from her 1Atatime rescue society during a Sept. 2016 raid.
Simans challenged that order, saying she was not given an opportunity to correct problems the SPCA found, and the board did not take into account only some of the animals belonged to her society, while some belonged to her personally.
On Tuesday, the B.C. Supreme Court in New Westminster ruled against her.
"The [SPCA] may lawfully seize a distressed animal, without affording the person responsible for its care an opportunity to relieve the distress, if it concludes the responsible person is unwilling or unable to take the necessary steps to do so," wrote Justice Anthony Saunders.
Saunders said the conclusion was reasonable based on the animals' "serious state of distress" and the fact there were too many animals for Simans to care for.
2 dogs, 1 cat put down
The SPCA ultimately removed 45 dogs, 18 cats, five goats, five pigeons, five chickens, three ducks, three sheep, a rabbit, a quail, a turtle and a pot-bellied pig in the raid on Sept. 19, 2016.
Two dogs and a cat were deemed to be in critical distress and were euthanized. The rest have been adopted out.
The board found nothing "substantive" was changed by the fact that there technically may have been two separate owners of the animals on the raided property. Saunders agreed.
Simans also argued the raid was an unreasonable search and seizure and thus violated the Charter of Rights and Freedoms, but that argument was also dismissed.
Saunders wrote the Farm Industry Review Board was not the proper body to hear such a complaint.
SPCA wanted lifetime ban on animal ownership
Simans has a long history with the SPCA, having over 160 animals taken from her this decade, including, most recently, 17 in a raid on March 20.
The SPCA said at the time it hoped she would receive a ban on owning animals after that raid.
In 2014, the SPCA lost a defamation case brought forward by Simans, when it suggested she had injured an emaciated chihuahua it seized in a 2012 raid.
The court found the SPCA was within its rights to take the animals but not to make the accusation and ordered the organization to pay her $2,500.
SPCA spokesperson Marcie Moriarty said she is pleased but not surprised at Tuesday's ruling.
She says the SPCA has recommended charges against Simans in relation to the March raid and wants her to receive a limit or outright ban on animal ownership.
Simans declined to comment for this story.
With files from Justin McElroy and Jason Proctor