Kelowna breeder wins after being sued over sick Labradoodle | iNFOnews | Thompson-Okanagan's News Source
Subscribe

Would you like to subscribe to our newsletter?

Current Conditions Partly Cloudy  -1.7°C

Kelowna News

Kelowna breeder wins after being sued over sick Labradoodle

FILE PHOTO.
Image Credit: pexels.com

A BC woman has failed in her attempt for $5,000 compensation after the designer dog she bought got sick.

According to a June 28 BC Civil Resolution Tribunal decision, Lucky Bhullar bought an Australian Labradoodle puppy for an undisclosed amount from Kelowna-based breeder Annette Cameron owner of Puppy Patch Doodles.

The purchased puppy named "Brosia" came with a two-year health guarantee covering all hereditary diseases.

The guarantee stipulated that if Brosia was diagnosed with a hereditary disease before its second birthday then the breeder would cover all veterinary costs up to the price of the dog. The guarantee stated that owners had to submit a vet's report to make a claim.

The decision said in June 2022, nine months after Bhullar bought Brosia, she noticed the dog was eating less and was hobbling.

She got Brosia X-rayed at a vet's which initially indicated everything was normal.

However, Bhullar took the dog for a second opinion and Brosia was diagnosed with elbow dysplasia, a hereditary disease that causes arthritis.

READ MORE: JONESIE: How Canadian news became victims in its own story

Bhullar contacted Cameron about the diagnosis and the breeder asked for the X-ray result and the vet's contact information.

However, for reasons not explained, Bhullar never sent the X-rays.

Brosia then underwent surgery to treat the elbow dysplasia.

The decision said the surgery didn't make Brosia's elbow completely normal but it did improve it – meaning less arthritis and discomfort long-term.

Bhullar then contacted Cameron and asked for a "remedy" for the situation.

READ MORE: Vernon cabinetmaker ordered to pay $2,500 for shoddy work

The breeder again requested Brosia’s X-rays, so she could have them assessed by her own veterinarian.

However, Bhullar never handed them over.

Somewhere along the way, Bhullar launched the small claim case against the dog breeder.

In her court filing, Bhullar asked for $5,000 in compensation and somewhat bizarrely, to be admitted into the Puppy Patch Facebook page.

However, the Tribunal wasn't swayed.

"I find Ms. Cameron did not breach the health guarantee,' the Tribunal ruled. "While Miss Bhullar received two independent diagnoses for elbow dysplasia, she failed to provide them to Ms. Cameron for her own veterinary assessment and review, as required."

Bhullar also argued that Brosia's parents should have updated dysplasia evaluation reports as the last reports were done when the parents were under two years old.

However, the Tribunal dismissed the argument saying Bhullar's hasn't put forward any expert evidence that its industry standard is to have dogs tested or re-tested after two years old.

"So, I find Ms. Cameron did not negligently misrepresent Brosia’s health in connection with hereditary disease," the Tribunal said.

READ MORE: Kelowna woman sues after WestJet refuse to pay for lengthy delay

Ultimately, Bhullar lost her $5,000 claim against the breeder.

The Tribunal also refused to order Cameron to let Bhullar back into the Puppy Patch Facebook page saying there was nothing in the original contract that guaranteed them access to the social media page.


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. SUBSCRIBE to our awesome newsletter here.

News from © iNFOnews, 2024
iNFOnews

  • Popular kamloops News
View Site in: Desktop | Mobile