FILE PHOTO.

Image Credit: pexels.com/Joyce Dias

A Shuswap horse breeder has been ordered to pay back a deposit after the purchase of an $18,000 gelding called Henry went sour.

According to an April 25 BC Civil Resolution Tribunal decision, breeder Eve Nicole Brighouse-Warren sold Henry to Jael Lodge who put down a 10% deposit which was only refundable if something "significant" was found during a medical exam.

The decision said in the summer of 2023 Lodge visited the three-year-old Henry and watched him in a ring.

She then agreed to pay $18,000 plus tax for Henry and paid a $1,800 deposit and signed a contract.

The contract stipulated the deposit was nonrefundable except if a "significant negative finding" was found by a veterinarian immediately after the sale.

Once the contract was signed, Brighouse-Warren handed over Henry's medical records and Lodge spoke to the horse's vet.

There's no mention in the decision about why the medical records weren't looked at prior to agreeing to the purchase.

After speaking to Henry's vet, Lodge pulled out of the sale.

Lodge said the vet had told her about a second-degree atrioventricular block, a colic episode when Henry was six months old, and behavioural issues that made the horse difficult for the vet to examine.

She then asked for her $1,800 deposit back.

READ MORE: Kamloops hockey centre claimed negative Google review reason not to pay marketing firm

However, Brighouse-Warren refused to return it arguing that none of these reasons were a "significant negative finding."

Lodge then took her to the online small claims court, the BC Civil Resolution Tribunal.

In the decision, Brighouse-Warren argued she didn't have to refund the money because Lodge didn't complete a pre-purchase examination or get X-rays. She also disputed that the horse was "unsound."

However, the Tribunal found that the scope of a pre-purchase examination was not defined in the contract.

"I find the deposit clause cannot be interpreted to require Ms. Lodge to complete a full pre-purchase examination with a 'record' and obtain X-rays. If it did, I find Ms. Lodge’s discretion on how to conduct a pre-purchase examination would be limited," the Tribunal ruled.

The Tribunal ruled Lodge would be paying a "considerable sum" for Henry so it was up to her what steps she took to do her due diligence.

READ MORE: Strata wins legal challenge in Kelowna parking stall saga

While the vet reported Henry's atrioventricular block, his colic episode and behavioural issues, Brighouse-Warren, argued they didn't amount to a "significant negative finding."

Based on the vet's notes the Tribunal ruled the atrioventricular block wasn't significant enough to warrant a refund, but the colic episode was.

Brighouse-Warren disputed the horse ever had colic or a seizure incident and no evidence was submitted to confirm the horse ever did.

However, the Tribunal ruled that as colic episodes, regardless of severity, have to be disclosures to get equine insurance, the potential impact to get insurance was a "significant negative finding."

The breeder also argued Henry did have behavioural issues making veterinarian exams problematic but he's since had "multiple extensive veterinary examinations" without difficulty.

However, the Tribunal ruled this wasn't relevant and what was relevant was Henry’s behaviour when the two signed the contract.

In support of their arguments, both parties provided expert reports from horse industry people who are members of Equestrian Canada.

But neither side liked the other's expert opinion.

Brighouse-Warren dismissed it as "the unfounded and biased opinion of a close friend."

While the Tribunal gave both reports little weight it found Brighouse-Warren's expert report bordered on advocating for her as it called Lodge's statements "entirely false."

Ultimately, the Tribunal sided with the buyer and ordered Brighouse-Warren to pay Lodge the $1,800 deposit plus interest and $125 fees.

There is no mention in the decision of what happened to Henry.

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, 2025