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Tribunal ruled a verbal agreement to send a new dog superseded the written contract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and buyer did not allow for refunds because of behavioural issues, but said the verbal agreement to return the puppy superseded that.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

Overnight shutdown of Highway 1 at McKenzie interchange for sign installation

Traffic will be impacted in both directions, detour available

Wildfire smoke expected to blanket Greater Victoria again

Conditions expected to worsen Wednesday afternoon but not approach levels reached a few weeks ago

‘Bonnie’ and ‘Henry’ among latest litter of service dog puppies

B.C. Alberta Guide Dogs names two pups after provincial health officer

Reader photos: Sun rises and sets over Oak Bay

Sunrise from an early morning yoga session at Oak Bay Beach Hotel… Continue reading

Canadian warship HCMS Regina sails past Sidney

The vessel recently returned from the world’s largest naval exercise

Orange Shirt Society launches first textbook on residential school history

Phyllis Webstad and Joan Sorley worked on the 156-page book to help educate students

Metis pilot Teara Fraser profiled in new DC Comics graphic novel of women heroes

The Canadian pilot’s entry is titled: ‘Teara Fraser: Helping Others Soar’

Growing food sovereignty at Klemtu

Greenhouse and grow boxes help create circular food economy for Kitasoo/Xai’xais First Nations

Horgan vows to replace B.C.’s shared senior care rooms in 10 years

$1.4 billion construction on top of staff raises, single-site work

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

More sex abuse charges laid against B.C. man who went by ‘Doctor Ray Gaglardi’

Investigators now focussing efforts on alleged victims within the Glad Tidings Church community

Orange Shirt Day lessons of past in today’s classrooms

Phyllis Webstad, who attended St. Joseph’s Mission Residential School in British Columbia, is credited for creating the movement

Greens’ Furstenau fires at NDP, Liberals on pandemic recovery, sales tax promise

She also criticized the NDP economic recovery plan, arguing it abandons the tourism industry

Most Read