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An 18-year-old horse owner who complained to the BC vet's regulator said she wanted the case dropped, but the regulator – which is $1.2-million in the red and admitted it could go into insolvency – carried on regardless, taking considerable time and expense to discipline a Kelowna vet whose frustrations got the better of her.

In a lengthy 34-page July 16 decision, the College of Veterinarians of BC found Okanagan Equine Veterinarian Services owner Dr. Janice Posnikoff had breached her professional requirements of courtesy and respect, calling remarks she made to a client "ill-considered, intemperate, and badly timed for the occasion."

To reach its decision, the vet regulator hired two lawyers and heard testimony from five witnesses, plus the complainant and Dr. Posnikoff. It had to foot the bill for the retired vet, university professor, and King's Counsel lawyer who sat as the panel that ruled on the matter.

The circumstances of the case date back to a hot Okanagan day in July 2021, when the complainant, who was 18 years old at the time, heard a loud "snap" as her horse ran across the pasture towards her.

"She saw the Mare do a full somersault and hit the ground really hard, and by the time she was back up, she was bleeding below the knee. Her leg was essentially severed at the joint, with blood spraying from the wound," the decision read.

As an equestrian, the owner was immediately aware that the Mare would need to be put down.

The horse's primary vet was called but when they weren't reached, the Okanagan Equine Veterinary Services was also called.

Despite caring for a critically ill foal at her practice, Dr. Posnikoff headed out on the emergency call.

However, the primary vet was reached and did show up. Then shortly afterwards, Dr. Posnikoff arrived.

What happened next is the issue of the complaint.

During the dispute, the horse owner's mother claims Dr. Posnikoff said, "Isn’t this fucking great," when she realized another vet was also there.

An argument happened, Dr. Posnikoff was paid for her call-out fee, and she left.

The College decided not to let the public know who made the complaint, and the horse's owner and all the witnesses' names are covered under a publication ban.

The decision said a few days after the horse was euthanized, the horse's owner emailed the vet to complain. She didn't get a reply.

Sometime afterwards, she reported the incident to the regulator, who began the lengthy and costly investigation.

The College of Veterinarians of British Columbia is asking members to increase their annual fees as it's running a $1.2-million deficit. The College has said it could face insolvency by May 2026 if it doesn't get the money.

The 18,000-word decision went through a lengthy play-by-play account of the testimony of those involved and how they each saw the situation.

In the complaint, the horse's owner said Dr. Posnikoff’s behaviour at the incident made the experience worse.

"Janice was repeatedly swearing and cursing, stating that this was bullshit, fucking ridiculous and when she first arrived on scene 'oh, isn't this fucking great.' At no time did she ever ask if we needed help, she severely impacted my mental health and trying to cope with my horse," the owner said.

However, the College found the owner's first statement didn't include any curse words and ruled that it couldn't conclude that the owner actually heard the phrase with the expletives, or any profanity.

"Her own use of profanity within her testimony might suggest a willingness to introduce it into her narrative, particular when considered with the evidence of collaboration and how the other witnesses’ evidence also changed with the passage of time," the College said.

It was a year after the incident that the College investigator contacted Dr. Posnikoff, who was "flabbergasted" she was under investigation.

The decision also said that the horse owner later told the College she didn't want to be involved and she thought the process was "unfair" to both parties.

"I reached out to some of the parties who were present and even they say due to trauma blocking and it being over a year to have a clear recollection is hard and not anything that I want to bring up," the horse's owner told the College.

However, the regulator pushed on.

In her defence, Dr. Posnikoff said she left a critically ill mare to deal with the emergency and arrived promptly even after having been given the wrong directions.

"She perceived the complaint as an attack on her professionalism and livelihood that merely highlighted, for her, the irony of a complaint having arisen from a genuine and arduous attempt to respond to the call in a professional manner," the College said.

The College found the vet "candid and genuine" and accepted that she was having a tough day and was under considerable stress due to her workload. It also accepted that she struggled to remember the precise details of what happened four years earlier.

Ultimately, the College ruled Dr. Posnikoff was obviously frustrated at being told another vet was present and she was not required.

"Her frustration probably manifested as anger. Most certainly, by all accounts, there were comments about calling two vets being a no-no, the unreasonableness of failing to inform (her) that she did not need to come, and her frustration at having to leave a failing foal," the College ruled.

The College ruled Dr. Posnikoff's behaviour was not professional misconduct or conduct unbecoming of a vet, but did breach its rules about being "courteous, respectful and professional in all dealings with clients."

"The animal’s death was a clear, traumatic, tragic accident, and it is very clear that (Dr. Posnikoff's) attendance, and perceived brusque or abrasive demeanour, far from helping, exacerbated the experience for all of the... witnesses," the College ruled. "We consider it important that members of the profession be aware of the need to place clients’ needs ahead of their own, particularly in sensitive situations such as this most unfortunate matter; and not to advance personal circumstances as justification for discourteous, disrespectful or unprofessional behaviour."

The College also refers to Dr. Posnikoff as a "skilled and competent equine emergency veterinarian." 

Any sanctions that Dr. Posnikoff might face will be decided at a later date.

There is no indication given in the decision on how much money the College spent on the disciplinary action.

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