FILE PHOTO

Image Credit: PEXELS

A B.C. woman who paid $2,500 for a mixed breed dog has managed to get a partial refund after a DNA test found the dog wasn't exactly the mix that had been advertised.

According to an April 22 B.C. Civil Resolution Tribunal hearing, Cathryn Redford paid $2,500 to breeder Sandra Ensign for 'Dusty.'

Ensign advertised the puppy as 7/8th Australian shepherd and 1/8th border collie.

However, after owning Dusty for a while "it became apparent" the dog wasn't what Redford thought she was getting.

The decision doesn't say how Redford came to the realization that Dusty wasn't 7/8th Australian shepherd and 1/8th border collie.

Redford then took Ensign to the online small claim court for a partial refund of $2,000 arguing the breeder had breached the contract as Dusty was not the mixed breed advertised.

Ensign responded saying Dusty is a crossbred dog and she did not guarantee Dusty’s size, colour or appearance.

The decision says Redford submitted the two-page contract as evidence which stated that Dusty was supposed be 7/8th Australian shepherd and 1/8th border collie puppy.

Redford also submitted DNA evidence that showed Dusty to be 50.7 per cent Australian shepherd, 33.7 per cent border collie and 15.5 per cent collie.

Ensign didn't dispute the DNA evidence.

"I accept that it shows Dusty is not 7/8th Australian shepherd and 1/8th border collie, as expressly warranted by Mrs. Ensign in the parties’ contract," the Tribunal ruled. "Therefore, I find Mrs. Ensign breached the express warranty in the parties’ contract by providing Ms. Redford with a dog that was not 7/8th Australian shepherd and 1/8th border collie."

READ MORE: B.C. man accused of abusing his dog twice gets it back again

While the contract had been breached Redford didn't want to return the dog because she said Dusty had become part of her family.

Instead for argued for a refund.

Redford said she only spend $2,500 because she believed Dusty was "close to a purebred" dog.

"She says she would not have agreed to purchase an Australian shepherd mix for $2,500 and it was not apparent at the time of purchase that Dusty was a 'mixed three breed dog,'" the decision says.

Redford argued she should get a $2,000 refund.

"I accept that a dog that is 7/8th Australian shepherd will attract a higher price than a dog that is one-half Australian shepherd and one-half other breeds," the Tribunal said. "Given this, I find that Ms. Redford overpaid for Dusty. However, I do not accept that she overpaid by $2,000."

Advertisements for mixed breed dogs were submitted as evidence as to how much a mixed breed dog should cost.

However, the Tribunal didn't think the ads were good enough evidence.

"The advertisements submitted in evidence by Ms. Redford support a finding that she overpaid by $1,000, at most. However, I find that one advertisement for a mixed breed puppy is not sufficient to show that an Australian shepherd/border collie puppy’s price range is $500 to $1,200," the Tribunal said.

The Tribunal then ruled a $500 refund was good enough and gave the breeder 30 days to pay.

READ MORE: B.C. SPCA seizes homeless dog, but owner still homeless

— This story was updated at 10:26 a.m. Monday, April 15, 2022, to correct the spelling of the word shepherd.

To contact a reporter for this story, email Ben Bulmer or call (250) 309-5230 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.

We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. 

News from © iNFOnews, 2022