A Toronto area dog rescue group says the Ontario Society for the Prevention of Cruelty to Animals, isn't caring for dogs properly.

The group leveled accusations against the OSPCA in a Chatham court today.

The latest arguments stem from the seizure of 21 pit bull type dogs seized from an alleged dog-fighting ring.

John Nunziata , the defence for Dog Tales told the court he has very serious concerns about the welfare of the dogs.

“It’s just unfair to dogs, to be incarcerated,” says Nunziata. “And it’s cruel and unhuman punishment of dogs.”

The OSPCA meantime refutes claims of cruelty saying the dogs are receiving the very best care possible.

In court, Nunziata asked the judge to transfer the dogs to the care of his client, but his request was denied, as the judge said she didn't have proper jurisdiction.

“They won’t tell us where dogs are or to visit,” says Nunziata. “We want an independent assessment.”

OSPCA inspector Jennifer Bluhm says the dogs are in a warm, caring environment, with adequate space where they are free to move around. She says they're being treated with utmost respect, especially in light of their apparent past.

“In a way they are safe,” says Bluhm. “they are not injuring themselves and they have better quality of life, specialized care that looks out for their disposition that certainly takes into consideration their needs daily.”

For a second week, protestors stood outside the Chatham courthouse, opposing an application to the pit bull-type dogs euthanized.

The OSPCA says only seven of the dogs are recommended for rehabilitation.

Dog tales is one of three organizations that have applied for intervention status, to get special provincial designation to house the canines.

The pit bull-type dogs were seized during the investigation of an alleged dogfighting ring in Tilbury last fall. That case is still before the courts. those allegations have not yet been proven in court.

The fate of these animals goes back to court on April 18.