Kennel owner's appeal tossed by Yukon court
Shelley Cuthbert's appeal of a Yukon court order to effectively shut down her Tagish kennel, has been dismissed.
In a written decision on Friday, the Yukon Court of Appeal ruled that Cuthbert's appeal was without merit.
At the appeal court hearing last month, Cuthbert argued that the original trial judge last fall was biased, and had not given her enough help to argue her case. Cuthbert had represented herself in court.
The panel of three appellate judges rejected that argument, saying the original trial was fair and that the judge made no error in fact or in law, and was not biased.
"No merit was identified in any of the grounds raised by the appellant," the decision reads.
"An informed and dispassionate observer could not possibly conclude that the judge's interventions displayed an apprehension of bias."
The legal dispute between Cuthbert and her neighbours began two years ago, after a group of them sued her. They complained that her dog rescue facility, with dozens of barking animals, was a disturbance in the neighbourhood.
In October, Yukon Supreme Court judge Leigh Gower sided with the neighbours, and ordered Cuthbert to forfeit all but two of her roughly 60 dogs. The order was later amended to give her more time to place the animals elsewhere.
Court considers welfare of animals
Cuthbert defied the order and failed to surrender dogs on time.
The appellate judges said that was enough reason to immediately toss Cuthbert's appeal, but they decided to hear the case, "in recognition of the fact that the public interest in this case extends beyond the appellant's interests to the welfare of the animals in her care," the written decision says.
The original court order stands, meaning Cuthbert is still required by the court to surrender any dogs to Yukon's Animal Health Unit until she has just two animals on her property.
The court of appeal's written decision concludes by acknowledging the plight of the dogs.
"It is to be hoped that the publication of this decision will encourage individuals seeking to adopt a rescue dog to take immediate action to contact the Yukon Government's Animal Health unit or the Human Society Yukon," it reads.
