Loucks v Regina Humane Society Inc.
Gordon Loucks
Regina Humane Society Inc.
Law Firm / Organization
Little & Company LLP
Lawyer(s)

Meagan J. Bortis

Background:
Gordon Loucks owned 21 dogs in two neighboring homes in Regina, Saskatchewan. The Regina Humane Society Inc. (RHS) seized the dogs on November 1, 2024, after inspections revealed unsanitary conditions and alleged distress among the animals. Loucks sought a preservation order under The Enforcement of Money Judgments Act (EMJA) to prevent RHS from disposing of the dogs and to obtain their location.

Legal Issues & Arguments:

  • Loucks argued that his dogs were wrongfully seized and that a preservation order was necessary to protect his property rights.
  • RHS contended that the EMJA was not applicable and that Loucks had other legal avenues, such as a common law injunction.
  • The court examined whether Loucks met the three-prong test under EMJA: (1) likelihood of a successful judgment, (2) risk of ineffective enforcement, and (3) prosecution without delay.

Court’s Decision:

  • The court ruled that Loucks failed to meet the EMJA criteria. The dogs had already been re-homed, eliminating the basis for a preservation order.
  • The application was dismissed in its entirety due to lack of jurisdiction and insufficient evidence.

Costs Awarded:
The court ordered Gordon Loucks to pay $1,500 in costs to RHS, payable at the conclusion of the action.

Court of King's Bench for Saskatchewan
KBG-RG-02916-2024
Civil litigation
Defendant