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Tribunal ruled a verbal agreement to send a new dog superseded the written contract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and buyer did not allow for refunds because of behavioural issues, but said the verbal agreement to return the puppy superseded that.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

Senior girls Eckville Aces stampede to playoff win

The senior girls Aces defeated the Alix Mustangs 80-28 at Eckville Jr/Sr High School on Feb. 26

11-year-old Sylvan Lake burn survivor using his story to inspire others

Kaden Howard was recently named the 2020 Champion Child for the Stollery in Edmonton

Sylvan Lake woman injured during ambulance transport

Judy Gallagher, 68, was injured after the stretcher she was strapped to tipped during transportation

Changes made to Eckville’s dry camping policy

There will now be a $10 per night fee to dry camp during events such as the rodeo and jamborees

Sylvan Lakers heading to North American Indigenous Games

A coach and four players will be taking the trip to Halifax, N.S. in July to compete in lacrosse

B.C. residents in Wet’suwet’en territory have right to police presence: Public Safety Minister

Nevertheless, Bill Blair said officials remain ‘very anxious’ for the barricades to come down

Winners and losers in Alberta’s 2020 budget

UCP government has tabled a new 20-per-cent tax on vaping devices and liquids

‘Finer focus on job creation:’ Alberta government files red-ink budget

Projected deficit of $6.8 billion on revenues of $50 billion

Explicit Greta sticker linked to Alberta company draws outrage

The sticker includes the logo of Red Deer-based X-Site Energy Services

Share Now, formerly Car2Go, leaves Canada with valuable data in changing market: expert

Vancouver was its largest market in North America, with more than 300,000 customers

What’s happening: Coronavirus forges on, as world hunts solutions

Japan closes all elementary, middle and high schools until spring holidays in late March

RCMP to stop providing security for Prince Harry and Meghan

Public safety minister says RCMP has been helping UK police intermittently since November

Canada’s 13th coronavirus case confirmed as husband of 12th patient

More than 81,000 cases of COVID-19 have occurred since the virus emerged in China

Wet’suwet’en hereditary chiefs to meet today with federal and B.C. governments

Nationwide rail and road blockades have been popping up for weeks

Most Read