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Tribunal ruled a verbal agreement to send a new dog superseded the written contract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and buyer did not allow for refunds because of behavioural issues, but said the verbal agreement to return the puppy superseded that.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

School District 51 turns its focus to students’ mental health

‘It’s a shift in our thinking, from what we expect schools to be like and what they are now’

IN PHOTOS: 2020 Wilgress Lake Fishing Derby

Fishermen dotted Wilgress Lake for the Boundary Métis Association’s annual event

Grand Forks marches against gender violence

The Grand Forks march was part of 1 Billion Rising, a global movement against gender violence

IN PHOTOS: Boundary Museum opens its doors to families

Sing, drum, learn and fall back in time!

IN PHOTOS: Family Day weekend in Grand Forks

Fire drills, relays, road hockey and hot dogs!

Pipeline dispute: Tories put no-confidence motion on House of Commons agenda

Conservatives say they have no confidence in the Trudeau government to end the rail blockades

B.C., federal ministers plead for meeting Wet’suwet’en dissidents

Scott Fraser, Carolyn Bennett says they can be in Smithers Thursday

Province shows no interest in proposed highway between Alberta and B.C.

Province says it will instead focus on expanding the Kicking Horse Canyon to four lanes

First case of COVID-19 in B.C. has fully recovered, health officer says

Three other cases are symptom-free and expected to test negative soon

A&W employees in Ladysmith get all-inclusive vacation for 10 years of service

Kelly Frenchy, Katherine Aleck, and Muriel Jack are headed on all-expenses-paid vacations

Via Rail lays off 1,000 employees temporarily as anti-pipeline blockades drag on

The Crown corporation has suspended passenger trains on its Montreal-Toronto and Ottawa-Toronto

Budget 2020: Weaver ‘delighted,’ minority B.C. NDP stable

Project spending soars along with B.C.’s capital debt

Stroke survivors lean on each other in Nelson

‘I’ve learned more about strokes from being in the group than I did from anyone else’

B.C. widow ‘crushed’ over stolen T-shirts meant for memorial blanket

Lori Roberts lost her fiancé one month ago Tuesday now she’s lost almost all she had left of him

Most Read