File photo. (Pixabay)

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

After the two broke up, documents state, they agree to share custody of the dog, named Harlen

A B.C. woman has been ordered to return a dog back to her ex-boyfriend after the sharing agreement between the two broke down.

According to the Civil Resolution Tribunal, Savannah Austin and Ian Birnie, bought the dog during a 23-month common law relationship.

After the two broke up, documents state, they agree to share custody of the dog, named Harlen. That arrangement didn’t work out and Harlen has been in Austin’s custody since November 2018.

According to the decision documents, the duo started living together in June 2015 and broke up in May 2017, when Harlen was eight months old. Austin and Birnie both paid for the dog, which they bought in November 2016.

Both believe they should have custody of the dog in exchange for a $2,000 payment to the other.

Tribunal co-chair Shelley Lopez noted that while both Austin and Birnier are “emotionally attached” to Harlen, “the law is clear that pets should not be treated in law as family members but rather as personal property.”

Lopez said that because evidence shows both parties paid similar amounts and took similar care of Harlen, she would determine who got the dog based on behaviour leading up to Austin’s taking of the dog.

In text messages between August and October 2018, both people “ultimately agreed” that Birnie would keep Harlen. Lopez cited texts from Austin stating “I just gave you Harlen.” Birnie had offered to pay for a new puppy in exchange

“On September 8, 2018, after a series of exchanges about dog expenses and the new puppy cost, the parties ultimately agreed that Mr. Birnie would get to keep Harlen in exchange for a payment of $1,950,” Lopez wrote.

She believes the duo’s “relatively amicable arrangement” went downhill in late September, when Austin entered Birnie’s home without permission to take belongings she had left there.

Despite this, Austin reaffirmed on Oct. 3 she would give Harlen up in the spring of 2019, when she got the new puppy, but agreed she would give the dog to Birnie for the Christmas holidays.

Documents state that a week after Birnie dropped off Harlen with Austin in November, “she messaged him saying she was taking Harlen and to not contact her again.”

She told Birnie they could “touch base in the spring,” but did not respond further to multiple texts from him. between Nov. 30, 2018, and April 8, 2019.

Lopez wrote she found Austin’s agreement to hand over Harlen in exchange for $1950 an “enforceable agreement” and that Birnie has the stronger claim to the dog.

Lopez ordered Austin to deliver the dog, at cost, to Birnie in exchange for $1,950 within 45 days of the Nov. 12 decision.

ALSO READ: Two pillows, ‘Magic Wand’ vibrator at centre of B.C. civil dispute between exes

ALSO READ: B.C. woman gets refund for Cuba trip, but goes anyway and now has to pay


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

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

Comments are closed

Just Posted

Gallery 2 reopens, offers video summer activities

The hand-washing sequence and the people-packed panoramas on display offer new interpretations

Mills oppose Celgar’s ask for cheaper logs destined for chipper

The Castlegar mill has asked the province for a lower rate for any log that goes straight to pulp

QUIZ: Put your knowledge of Canada to the test

How much do you know about our country?

Selkirk College offering employees voluntary resignations

The college is canvassing employees for those who may want some time off or reduced work loads

$335K spent on Boundary flood protection for 2020 freshet

The RDKB and City of Grand Forks are submitting their receipts to the province

All community COVID-19 outbreaks declared over in B.C.

Abbotsford manufacturer cleared by Dr. Bonnie Henry

B.C. First Nations vow to keep fighting after Trans Mountain pipeline appeal denied

Squamish Nation, Tsleil-Waututh Nation and Coldwater Indian Band made the application

‘Queue jumpers’ not welcome in B.C. as COVID-19 U.S. cases rise: Horgan

Premier Horgan said he’s heard concerns that Americans have stopped at Vancouver hotels instead of heading to their destination

US officer resigns after photos, connected to death of black man in 2019, surface

Elijah McClain died, last summer, after police placed him in a chokehold

Black worker files discrimination complaint against Facebook

Oscar Veneszee, Jr. has worked as an operations program manager at Facebook since 2017

Ottawa jail inmates argue anti-COVID measures a breach of charter rights

The prisoners allege guards did not wear masks until April 25

Nestle Canada selling bottled water business to local family-owned company

The Pure Life bottled water business is being sold to Ice River Springs

US unemployment falls to 11%, but new shutdowns are underway

President Donald Trump said the jobs report shows the economy is “roaring back”

Most Read