Vindication for an Owen Sound farmer

In early October, Andrew Drury, deputy small claims court judge in Owen Sound, declared the Grey-Bruce SPCA’s seizure of 46 adult sheep and six lambs owned by Owen Sound area farmer Mel Musson nearly two years ago null and void. He also awarded the elderly farmer $2,600 in compensation.

Musson signed a surrender document and handed over the sheep in January of 2006. As reported in the April 2006 issue of Better Farming, Musson, now 88 years old, said he “felt coerced.” The judge ruled that “the society was not malicious, oppressive and high handed” and did not award punitive damages.

 The crux of the case is the OSPCA’s procedures. A 10-page written judgment says that the humane society’s “practice with surrenders is to not suggest the party seek legal advice first if they appear to understand their actions.” However, if charges are likely to be laid, OSPCA policy is to caution an animal owner that they can seek legal advice.

Ontario Provincial Police officers and a uniformed SPCA officer were present at the time and Musson was threatened with a $5,000 fine, the small claims court judgment said. The OSPCA didn’t not respond to a request for an interview.