FILE – French bulldog puppy. (Pexels)

Alberta bulldog breeder ordered to refund B.C. buyer over puppy’s behaviour

Tribunal ruled a verbal agreement to send a new dog superseded the written contract

An Alberta bulldog breeder must refund a buyer more than $2,600 after a dog was returned because it did not settle in well in its new B.C. home.

According to a decision from the B.C. Civil Resolution Tribunal, Dawn Dzenkiw of B.C. purchased a bulldog puppy from Michelle Graham for $2,850, including the cost of shipping the dog to her, in June 2018.

Graham runs a bulldog breeding service called Peace Bulldogs in Sexmith, Alta.

Dzenkiw said the puppy settled in well initially, but by August, she messaged Graham to say the animal did not like being on a leash and that it was uncomfortable around her son.

At the time, Graham responded in a “supportive and friendly” way and agreed to take the dog back, the Jan. 13 decision said.

Dzenkiw returned the puppy in October 2018. According to the contract, a replacement puppy was to be provided to buyers whose dogs had health issues. It did not cover behavioural issues, but the tribunal noted that Graham did agree to take the dog back.

However, Graham did not send Dzenkiw a new puppy. Instead, in December 2018, she told Dzenkiw she would have to travel to the breeder and pick up the new dog, as well as adhere to strict feeding conditions and send Graham updates.

The feeding requirements came after Graham mentioned the original puppy was underweight when it was returned, although the tribunal said video and photo evidence from shortly after its return disproved that claim.

Dzenkiw noted the puppy was a healthy 30 pounds when she returned it, but said if Graham preferred, she would take a cash refund instead of a new dog.

Five months later, Graham had still not sent a new puppy or a refund, citing air travel difficulties.

The tribunal acknowledged the contract between breeder and buyer did not allow for refunds because of behavioural issues, but said the verbal agreement to return the puppy superseded that.

“I do not accept the respondent’s explanation that she did not fulfill her promise to provide the applicant with a replacement pet because she was concerned about the dog’s state when it was returned to her,” Mell wrote.

“There is no medical evidence from a veterinarian that the dog was mistreated. The respondent herself texted that the dog was fine.”

Graham was ordered to pay Dzenkiw back a total of $2,684.92, including $2,500 for the cost of the dog, $59.92 in interest and $125 in tribunal fees.

READ MORE: B.C. woman must pay $1000 after unleashed dog bites another

READ MORE: B.C. woman ordered to return dog to ex-boyfriend for $2,000


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Dogs

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The legacy of the Battle of Britain

Royal Canadian Legion Branch 94 marked Battle of Britain Day with a small service Sept. 15

Quesnel golfers make the cut

The Quesnel Golf Club hosted championships for men and women over the past two weeks

North Cariboo Seniors’ Council gathering housing information through surveys

The housing demand and housing supply surveys are available online until Oct. 5.

Quesnel Culture Days takes “careful” approach

The Quesnel Art Walk kicks off Sept. 26

Business battling COVID-19 opens in downtown Quesnel

Shane Wright opened Evolve Gold and Gaming Lounge on Saturday, Sept. 19

B.C. reports 91 new cases as officials remain worried over ‘clusters of COVID-19

There have now been a total of 8,395 cases in B.C. since the pandemic began

Canada’s active COVID-19 cases top 10,000 as daily new cases triple over the past month

Dr. Tam repeated her warning to young people, who have made up the majority of recent cases

First 8 months of fatal overdoses in B.C. have now exceeded 2019 death toll

Nine people died every two days in August, BC Coroners Service data shows

Liberal effort to reset policy agenda panned by rivals as too much talk, not action

Trudeau said it’s ‘all too likely’ families won’t be able to gather for Thanksgiving next month

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

‘Show us the money’ for cannabis, local governments tell B.C.

Municipal tax, transit revenues falling as costs rise

‘It’s a boy’: Southern Resident killer whale calf born to J Pod is healthy, researchers say

J35 had previously done a ‘Tour of Grief,’ carrying her dead calf for 17 days

People ‘disgusted’ by COVID-19 election call, B.C. Liberal leader says

Andrew Wilkinson speaks to municipal leaders from Victoria

Most Read