Court of Appeal Rules in Favour of the City in Legal Action over Lucy
August 04, 2011
The Alberta Court of Appeal has upheld a lower court ruling dismissing legal action brought against the City regarding Lucy, the elephant at the Edmonton Valley Zoo.
The Court of Appeal has released its written decision outlining its reasons for upholding the Court of Queen’s Bench ruling in 2010. The majority of Appeal court justices agreed that the legal action brought against the City by People for the Ethical Treatment of Animals, Zoocheck and an animal rights activist was an abuse of process and not appropriate.
“We are very pleased but not surprised, that the Court of Appeal has ruled in favour of the City of Edmonton. The majority of the judges are very clear that the applicants’ attempt to circumvent the appropriate regulatory authorities is not proper,” said Steven Phipps, the lawyer representing the City. “We respect the dissenting opinion of the Chief Justice but the hearing was about the legal process not about the care of Lucy. There are many independent parties monitoring Lucy’s care and they confirm that her care needs are being met.”
“With this ruling, it’s now time to move forward and allow the exceptional people who work at the Edmonton Valley Zoo to focus on caring for Lucy and all of the other animals in its care,” said Phipps
The zoo will continue to make decisions in the best interests of Lucy. She remains a content and well adjusted elephant with some manageable health issues. Lucy’s most significant health challenge is a respiratory problem that makes it difficult for her to breathe in a stressful situation, such as being transported or placed with unfamiliar caregivers.
“The Edmonton Valley Zoo is in the business of caring for animals and putting their best interests ahead of all else. And that’s exactly what the zoo and the City of Edmonton is doing with Lucy,” said Dr. Milton Ness, the zoo’s veterinarian.
Learn about Lucy and the care she receives at edmonton.ca/Lucy.
For more information:
Mary Lou Reeleder
| Title | Communications, Community Services |
|---|---|
| Telephone | 780-442-0970 |
| marylou.reeleder@edmonton.ca |
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