DOG FIGHT: BC tribunal returns pooch to owner, refutes 'gift' claim | iNFOnews | Thompson-Okanagan's News Source
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DOG FIGHT: BC tribunal returns pooch to owner, refutes 'gift' claim

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A BC woman got her miniature Dachshund back after she gave it up for a trial period with new owners who vaccinated the dog against her wishes.

Deborah Ferguson jointly bought her dog Lilly with her father from a breeder, but became the sole owner when her father died in 2021.

She looked to Lorraine and Michael Barner to help rehome the dog after he died, first trying three "play dates," according to a BC Civil Resolution Tribunal decision.

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On Jan. 24, 2022, they opted for a six-week "trial period," but that's where they began to disagree.

Ferguson said she reserved ownership of Lilly during the trial, while the Barners said the dog was gifted to them. They said they had the option to give the dog back to Ferguson if the dog didn't work out for them.

Their relationship "soured" when the Barners had the dog vaccinated against Ferguson's wishes, according to the decision.

"As a result, Ms. Ferguson says she told Ms. Barner the trial period was over and to return Lilly," the July 17 decision reads. The Barners refused and kept the dog.

According to the Tribunal, the Barners were aware Lilly's stay at their house might not have been permanent. Text messages between Lorraine Barner and her daughter showed she knew it would depend, at least, on a contract with Lilly's breeder.

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That contract wasn't used as evidence, but the tribunal found the Barners were not gifted the dog as they claimed.

"So, although the Barners argue Lilly was given to them unconditionally on January 24, 2022, I disagree," the decision reads. "I find that although the parties contemplated that Lilly could eventually permanently live with the Barners, the conditions for the rehoming had not yet been met."

Ferguson sought both the dog and $5,000 in damages. While the tribunal opted to force Lilly's return, she wouldn't be awarded any costs because the Barners' conduct wasn't malicious.

The Barners have 21 days from the decision to return the dog and they will reimburse Ferguson $381 for costs associated to the tribunal.


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