Date: 20010724
Docket: T-1325-01
Toronto, Ontario, Tuesday, the 24th day of July, 2001
PRESENT: The Honourable Mr. Justice Lemieux
BETWEEN:
EUROPEAN WARMBLOOD STALLION ZENTRUM INC.
Applicant
-and-
CANADIAN FOOD INSPECTION AGENCY
AND THE ATTORNEY GENERAL OF CANADA
Respondents
ORDER
This stay of application is dismissed.
"François Lemieux"
J.F.C.C.
Date: 20010724
Docket: T-1325-01
Neutral citation: 2001 FCT 824
BETWEEN:
EUROPEAN WARMBLOOD STALLION ZENTRUM INC.
Applicant
-and-
CANADIAN FOOD INSPECTION AGENCY
AND THE ATTORNEY GENERAL OF CANADA
Respondents
[1] The Applicant seeks to stay an order made by the Canadian Food Inspection Agency ("CFIA") compelling the removal of the stallion "What's Going On" it imported from Germany on March 31st, 2001 and failing to do so would result in the horse's forfeiture to Her Majesty and destruction.
[2] The CFIA made its order because the stallion tested positive with Contagious Equine Metritis during post entry quarantine.
[3] I dismissed the stay application on the basis that the balance of convenience favoured CFIA in the performance of its statutory duty under the Health of Animals Act.
[4] I did recommend however, the CFIA delay its forfeiture to August 7th, 2001, so as to enable the Applicant to attempt to effect the stallion's removal to Germany.
"François Lemieux"
J.F.C.C.
Toronto, Ontario
July 24, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: T-1325-01
STYLE OF CAUSE: EUROPEAN WARMBLOOD STALLION ZENTRUM INC.
Applicant
-and-
CANADIAN FOOD INSPECTION AGENCY AND THE ATTORNEY GENERAL OF CANADA
Respondents
DATE OF HEARING: MONDAY, JULY 23, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: LEMIEUX J.
DATED: TUESDAY, JULY 24, 2001
APPEARANCES: Mr. Lawrence A. Blokker
For the Applicant
Ms. Suzanne Duncan
For the Respondents
SOLICITORS OF RECORD: ROBINSON BLOKKER
Barristers & Solicitors
202-735 Wonderland Road North
London, Ontario
N6H 4L1
For the Applicant
.../2
SOLICITORS OF RECORD: Canadian Food Inspection Agency,
(Cont'd) Attorney General of Canada, Department
of Justice, Canadian Food Inspection
Agency Legal Services
59 Camelot Drive
Nepean, Ontario
K1A 0Y9
For the Respondents
FEDERAL COURT OF CANADA
Date: 20010724
Docket: T-1325-01
BETWEEN:
EUROPEAN WARMBLOOD STALLION ZENTRUM INC.
Applicant
-and-
CANADIAN FOOD INSPECTION
AGENCY AND THE ATTORNEY
GENERAL OF CANADA
Respondents
REASONS FOR ORDER