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July 26, 2023 - 7:00 PM
A BC woman who splashed out $1,500 on a cat which died three months later, attempted to sue the breeder for $5,000.
According to a July 21 BC Civil Resolution Tribunal, Shanna Ashley Amaral paid $1,500 for the kitten and called it Frankie.
However, three months after she bought the pricey feline Frankie had to be euthanized because he had caught Feline Infectious Peritonitis.
Amaral then took seller Madeeha Qaisar to the online small claims court arguing for her money back, plus $3,500 to cover vets bills.
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She said Frankie must have had the disease when she bought him.
The decision said when Amaral bought Frankie he'd had one vaccination and was healthy, but after about three months he became ill. She treated Frankie with medication but a week later took him to an emergency veterinary hospital because he was having difficulty breathing.
"Frankie underwent several tests and was suspected of having Feline Infectious Peritonitis. The veterinary report in evidence states that there is no definitive test for Feline Infectious Peritonitis, so diagnosis is based on ruling out other causes of illness and making findings that are consistent with Feline Infectious Peritonitis," the decision said.
Frankie's breathing got worse and was euthanized later that day.
Amaral argued the cat got the disease while at Qaisar's home and the infection is often caught by cats living in close quarters and sharing the same litter box.
She argued that when she picked up Frankie the house smelled strongly of cat litter and this was from multiple cats using the same litter box.
However, Amaral doesn't submit evidence or photos of this and Qaisar denied having several cats share a little box.
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Amaral submitted general information about Feline Infectious Peritonitis which said the illness was hereditary.
"However, she provided no evidence to indicate that Frankie contracted Feline Infectious Peritonitis hereditarily," the Tribunal ruled.
She also submitted veterinary records for Frankie.
However, the Tribunal detailed that nothing in the records indicated when or where Frankie may have contracted the disease.
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"Ms. Amaral has the burden of proving her claims," the Tribunal said. "I find she has failed to do so."
Ultimately, the Tribunal dismissed her case.
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