A man charged after more than a dozen dogs died at a Saskatoon pet kennel was not at his first scheduled court appearance because he hasn’t been formally served with the charge, according to his lawyer.

David Deplaedt, the owner of Playful Paws Pet Centre, is facing one charge of negligence under the Animal Protection Act after the dogs were left in a “dangerously hot room” without water overnight in September, according to an investigation by the SPCA.

Deplaedt was scheduled to appear Wednesday afternoon in Saskatoon Provincial Court.

His lawyer, Scott Spencer, said Deplaedt hasn’t been formally served the charge or received notice to appear in court, and that he learned of the charge through the media.

Crown Prosecutor Robin Ritter said Deplaedt hasn’t been located since the charge was laid on Feb. 22.

“Mr. Deplaedt was not located to be served in time for his appearance today, so we will locate Mr. Deplaedt and bring him before the court to answer to these charges,” Ritter told reporters outside of court Wednesday.

He said it’s not unusual that authorities can’t locate people when trying to serve them in these types of cases. Ritter said Spencer could receive the summons for Deplaedt but hasn’t been willing to do so.

Pet owners who lost their dogs to heat stroke and dehydration at the kennel were at the courthouse for the scheduled appearance. Dawn Loessin said she’s not surprised Deplaedt didn’t show up, just disappointed.

“My husband and I both took today, or this afternoon off from work, we both could have been working today so it’s going to come out of our pocket,” Loessin said.

“Will I be here next time? You better believe it, I’ll be here every time, but it is difficult.”

At the time, a spokesperson for the facility said a malfunction in the building’s heating system caused hot air to be pushed into one of its upstairs kennel rooms on Sept. 10. As a result, 14 large-breed dogs died from heat stroke and dehydration.

The investigation done by the SPCA found the dogs were left unattended overnight without water in a dangerously warm room.

Charges under the Animal Protection Act are not criminal charges. Convictions under the act can result in fines of up to $25,000, a jail term up to two years, prohibition or restrictions from owning animals for a period of time, but the SPCA says it’s unusual to see a penalty at the top end.