The applicants operated a kennel under a licence granted to them by the respondent. Their licence was revoked by the respondent in November of 2012. The applicants claim that they were the victims of discrimination because of their religious beliefs. Therefore, they brought this application for judicial review of the respondent’s decision and asked for an order overturning it.
The applicants consulted with the respondent about their plan to turn a barn into a dog kennel prior to applying for a licence in 2009. The applicants stated that they made the respondent aware that there would be no electricity in the barn because of the couple’s religious beliefs. According to the applicants, throughout that time lighting, ventilation and heat were provided to the kennel naturally; the lighting and ventilation through openings in the walls, the heat from the bodies of the livestock housed below it.
As a result of a complaint, the By-law Enforcement Officer attended the kennel unannounced, together with an inspector from the Ontario Society for the Prevention of Cruelty to Animals. Following the inspection, the By-law Enforcement Officer took the applicants’ kennel licence away.
The Court concluded that the respondent’s decision to revoke the applicants’ kennel licence was a reasonable one based on the information it had, and was made following a process which was fair to the applicants. The applicants failed to demonstrate bias on the part of respondent or its employees.
Therefore, the application for judicial review was dismissed.
Source: Case Law