The Humane Society Yukon did not follow instructions from the registrar of societies last year because it thought its lawyer was challenging his order, the former society president testified Wednesday in court.

After three hours of morning testimony, the matter was adjourned to Nov. 1 for a decision.

The society endured a very public and nasty break-up last year.

At one point late in the year, there was serious doubt about the society's financial ability to continue operating its Mae Bachur Animal Shelter.

Shelley Cuthbert is facing three counts under the Societies Act of failing to comply with the Sept. 10, 2012 order.

It included instructions to hold an annual general meeting within a month to elect a new board of directors.

The registrar also ordered Cuthbert and her board to issue memberships to the humane society for the six individuals they had denied earlier in the summer.

Throughout her testimony, Cuthbert said she and the other board members did what they did because they believed their lawyer was preparing to challenge the registrar's order.

Cuthbert told territorial court Judge Karen Ruddy the members of the board had discussed the possibility of receiving a letter from the registrar, even before the letter was received on Sept. 10, 2012.

They thought the registrar might overturn their decision to deny memberships for certain individuals, she testified.

Cuthbert said members of the board and the society's lawyer, Carrie Burbidge, discussed what they would do if they received instructions contrary to the board's decision to deny the memberships.

It was decided the society would challenge the registrar of societies and ask for a judicial review of his order if he did reverse their decision on memberships, she told the judge.

Cuthbert testified the board was working within humane society guidelines indicating it could refuse memberships.

The guidelines had been approved in principal by the registrar, according to what the previous president had told her, she testified.

The guidelines, she explained, indicated the board could deny memberships if it believed the behaviour of an individual would threaten the society's caring and compassionate work.

When asked by territorial prosecutor Tracy-Anne McPhee if she could produce written confirmation of the society's instructions to the lawyer to pursue a judicial review of the registrar's order, she said she could.

But those instructions were contained in her emails stored at her home, and she did not bring them to court because she was not told to, she testified.

McPhee asked if she was aware of a letter sent to the society's lawyer last Sept. 17 reminding the society that it was bound by the instructions contained in the registrar's order of Sept. 10.

Burbidge never talked to the board about that, Cuthbert replied.

McPhee reminded Cuthbert that the board's lawyer never did file for a judicial review.

"No, she didn't,” said Cuthbert. "And I do not know why.”

The society and its animal shelter fell into dire straits last year, resulting in months of personal attacks between board members and past board members.

The registrar indicated in a letter to the society in late July 2012 that he planned to conduct an investigation into complaints he'd received about the affairs of the society, over which he has authority.

The investigation resulted in the Sept. 10 letter instructing the society to issue the six memberships and hold an annual general meeting no later than Oct. 5.

Members of the board were charged last October with failing to comply.

The registrar applied to the Yukon Supreme Court for an order instructing the humane society to comply with his Sept. 10, 2012 instructions.

In December 2012, Justice Leigh Gower granted the order. He found that Cuthbert and other members of the board had breached their responsibility to the society by not complying with the registrar's instructions.

Three board members who pleaded guilty to the charges under the Societies Act received a conditional sentence last May. They were instructed not to sit on the board of any non-profit society for at least two years.

Cuthbert pleaded not guilty, and the trial was scheduled for yesterday.

Following the three hours of testimony, the matter was adjourned because of time constraints before the lawyers could make closing arguments.

Judge Ruddy instructed the lawyers to provide their submissions in writing. She said she would be issuing her decision Nov. 1.

At Wednesday's outset of the trial, McPhee and defence lawyer Eric Dolden of Vancouver submitted an agreed statement of facts that set out pertinent dates.

It did, for instance, include acknowledgment of the Sept. 10 letter from the registrar setting out the instructions to the society.

The territorial prosecutor told the judge the agreed statement of facts formed the case for the prosecution, and that she would not be calling any witnesses.

There was an order from the registrar, and it simply wasn't followed, McPhee said.

She told the judge the only defence available to Cuthbert was to prove she did everything one would reasonably expect from the society's president in arriving at the decision not to comply.

On at least two occasions, McPhee asked about providing written confirmation regarding correspondence with their lawyer.

Cuthbert said they were in her bank of emails at home, and she did not bring them because she had not been instructed to.

Cuthbert insisted the board did not comply because it believed Burbidge was preparing a legal challenge or judicial review of the registrar's instructions.

The defence lawyer indicated from the outset of Wednesday's proceeding that Cuthbert would be his only witness.

But before the morning wrapped up, the judge admitted she had a question about how much weight she should give the evidence regarding Cuthbert's testimony about the legal advice the society received.

Ruddy asked the lawyers if they had thought about calling as witnesses the two lawyers Cuthbert had mentioned in her testimony, in particular Burbidge, who had provided Cuthbert with the advice Cuthbert said she'd received.

Dolden told the judge that Burbidge wrote his office and said because he was calling into question her professional legal services, she would not co-operate.