BC woman takes couple to court after they refuse to return her dog
A BC woman has sued a couple that refused to return a miniature Dachshund named Lilly back to her.
According to the dispute, the applicant in the case, Deborah Ferguson, explained she purchased Lilly with her father but became her sole owner after he passed away in 2021.
In the decision, the civil resolution tribunal member said it was undisputed that after Ferguson’s father died, she started to search for a new home for Lilly.
“Ferguson and the Barners [Lorraine Barner and Michael Barner] set up trial play dates where Lilly went to stay with the Barners during the day to see how she fit in. This happened on three individual occasions,” the decision reads. “The parties disagree about what happened next.”
The respondents, the Barners, claim Lilly was gifted to them by Ferguson in January 2022, but had the option to “give her back.”
However, Ferguson argues the three of them agreed that the Barners would take Lilly for a six-week “trial period” in January 2022 to see whether their home was a good fit.
Ferguson said she was Lilly’s owner during this time. However, the Barners argue the same.
According to the tribunal member, “The parties’ relationship soured when Ms. Barner took Lilly to a vet and had her vaccinated against Ms. Ferguson’s wishes.”
In response, Ferguson said the pair’s trial period was over and asked them to return Lilly, but the Barners refused.
According to the dispute, “The evidence shows that Ms. Ferguson was still trying to negotiate with Lilly’s original breeder whether Lilly could be rehomed given the terms of the breeding contract, which the Barners acknowledge.”
Text messages between Lorraine and her daughter also showed she was aware Lilly might not stay with them forever, “at the very least depending on the outcome of the breeding contract,” the dispute reads.
The tribunal member said they disagreed Lilly was given to them unconditionally and found the applicant and respondents contemplated that the dog might live with the Barners permanently, but the conditions for the rehoming had not yet been met.
The tribunal member also said regardless of the reason Ferguson wanted Lilly back, she was “entitled to request her return.”
Ferguson’s claim for $5,000 in punitive damages was dismissed, but the tribunal member did order the Barners to return Lilly to her.
The Barners have also been ordered to pay Ferguson a total of $278, which includes reimbursement for tribunal fees and dispute-related expenses.
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