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A B.C. man who left his two dogs for days at a time on an isolated property only accessible by boat has won his appeal to have the animals returned to him after they were thought to have been abandoned and seized.

The two working dogs, Cash and Fender, were found on a spit of land two and a half hours by fishing boat from Pender Harbour on B.C.'s west coast. The person who discovered the dogs believed they'd been abandoned and took them to the B.C. SPCA.

However, the dogs were owned by Kristopher Nichols, who divided his time between the isolated property and Pender Harbour, but never brought the dogs into town.

According to a Jan. 24 B.C. Farm Industry Review Board decision, Nichols would leave the dogs dried food, and often a deer carcass, along with a place to shelter, while he made trips lasting a few days to Pender Harbour.

While Nichols was away from the property, a neighbour who lived 15 minutes away by boat, saw the dogs while passing and headed ashore.

On discovering an old dilapidated house, the neighbour concluded that the dogs must have been abandoned and half expected to find a "dead body" at the site.

The neighbour put Cash and Fender in his boat and took them to the B.C. SPCA.

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

According to the decision, Nichols explained he'd been away for nine days helping his family after they'd been hit by severe floods in November 2021.

He asked the B.C. SPCA for his dogs back, but they refused, saying the dogs had been left in distress and Fender was clearly ill, having been neglected.

Nichols then took the B.C. SPCA to the Review Board to get his dogs back.

"I don't socialize with people much and these dogs are my family," Nichols says in the decision.

According to the decision, Cash and Pender are Kangol dogs, a breed used as guardian dogs bred to protect livestock.

Nichols argued the dogs had adequate food and shelter and were working dogs, which didn't adapt well be being inside.

The decision says the dogs protected the chickens on the property from bears and did a good job.

Nichols admitted that Fender was skinny and sick looking but this was not a result of his treatment of the dog. He pointed to the good health of Cash as evidence.

The decision says Nichols could visit the property in 30 minutes by fast boat, but his fast boat has been seized.

The decision doesn't say why the boat was seized or by whom, but court records show Nichols, who is a member of the Pender Harbour Indian Band, has several convictions for illegal fishing.

According to the decision, Nichols had previously had dogs seized once before.

In 2019 a passing boat saw the dogs "very thin and very hungry" and after several visits took the dogs to the SPCA. Following the seizure, the B.C. SPCA gave Nichols his dogs back.

Nichols admitted to leaving the dogs for nine days in November 2021 but argued he was helping his family after the severe floods and hadn't planned to stay that long.

On assessing the dogs, a vet concluded that Fender was severely ill, and had either a heart condition, liver failure, or possibly cancer – all terminal conditions that meant euthanizing the dog may be the best solution.

The vet said Fender needed immediate special care.

Nichols argued that the vet's evidence showed he wasn't responsible for Fender's poor health, and that he didn't realize the dog was as sick as it was.

The SPCA argued Nichols shouldn't get the dogs back and pointed to his apparent lack of finances to deal with Fender's expensive vet bills.

However, the Review Board didn't buy the SPCA's argument.

"(It's) disingenuous that the Society would suggest that Fender be euthanized on one hand and argue that (Nichols) financial ability for testing and treatment as a reason not to return him," the Review Board said. "It is understandable and reasonable from the perspective of the Society to make a financially prudent decision in this situation, but as Fender’s lifelong owner, it’s also understandable that (Nichols) calculates the value of testing differently."

The decision says that while the house on the property was dilapidated – Nichols stayed on his boat when visiting it – he had provided adequate shelter for the animals.

Ultimately, the Review Board ordered the B.C. SPCA to return Cash and Fender to Nichols.

He will however have to follow strict conditions and not leave the dogs alone at the property and work with a vet regarding the dogs' health.

He's also on the hook for $3,102 in fees to the B.C. SPCA, which has to be paid in full before the dogs are returned.

READ MORE: B.C. woman loses appeal after 71 cats seized from her motorhome

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