The Toronto Humane Society is scheduled to ask a judge today to quash a warrant allowing the Ontario Society for the Prevention of Cruelty to Animals investigators to search its offices.
OSPCA investigators have been in control of the THS's River Street headquarters since a raid on Nov. 26, which coincided with the laying of criminal charges against the THS's volunteer president, head veterinarian and three others.
OSPCA investigators were armed with a warrant that was obtained with an application that suggested they would only need five days to search the facility, the THS alleges in court documents.
"The OSPCA has effectively used the search warrant to seize control of the operations of the THS, and has repeatedly frustrated the ability of the THS to maintain its operations and business by denying THS employees access to essential THS records and computer systems," the THS alleges in the documents.
The shelter's lawyer is seeking an order "quashing the search warrant," and a declaration that the continuing search violates the Charter rights of THS staff.
It is asking the judge to specify a date and time when the OSPCA must withdraw from the facility.
The OSPCA began investigating after allegations of animal mistreatment surfaced at the facility. It has seized documents and taken over animal care.
In court documents filed for today's hearing, the THS cites continuing civil litigation between the two agencies and says the current warrant does not include provisions protecting documents pertaining to those civil cases, which it argues would fall under solicitor-client privilege.
The THS says it is the OSPCA's "chief fundraising rival," and that "the OSPCA has also publicly solicited funds and donations of supplies, ostensibly on behalf of the THS, but with donors being directed to make their donations directly to the OSPCA."
It says the OSPCA is impeding the continuing operations of the centre.
"Private sector security guards contracted by the OSPCA continue to prevent many key THS employees - including those who have not been charged with or implicated in any criminal or regulatory offence - from entering 11 River Street in order to perform their jobs," the THS says.
The agency also objects to the method in which the OSPCA has conducted the investigation.
"During the almost month-long period it has been executing the search warrant, the OSPCA has held multiple press conferences. Part of the search has been posted on YouTube," the THS alleges.
The OSPCA contends it still has work to do in the facility, but declined comment last night.