Owners sue after dog dies during Vancouver Island kennel stay
A Vancouver Island couple took a local pet lodge to court after their dog became sick and died while in the kennel’s care.
Richard and Sarah De Meester dropped their dog Luxee off at Errington Ped Lodge on November 10, 2022, and planned to pick her up on November 26.
But two days before she was supposed to go home, Luxee became sick. The kennel operator, Tara Ā Macleod, noticed she had thrown up bile and that her stomach was bloated. In addition, she was lethargic and didn’t want to play with the other dogs.
She took Luxee to the vet, who found the dog had developed gastric dilation volvulus. According to VCA Animal Hospitals, the condition is life-threatening and happens when the stomach fills with gas and twists upon itself so the entrance and exit both become blocked.
Luxee’s owners spoke with the vet directly, and after hearing the details and prognosis, they decided to euthanize her.
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Owners sue for $5,000
The De Meesters launched a $4,999 suit in small claims court for the cost of Luxee’s veterinary care and for costs associated with purchasing and training their new dog. They argued the kennel was negligent in caring for Luxee, believing she was exercised to exhaustion by being allowed to play so much with the other dogs.
The couple also believed earlier care may have saved Luxee — questioning why she wasn’t brought to the vet when she first seemed lethargic, or why she wasn’t brought to an emergency vet instead of the regular vet.
Couple gets no compensation after tribunal sides with kennel
But BC’s Civil Resolution Tribunal sided with the kennel, saying the operator’s handling of the situation was adequate given the duty to care for Luxee.
When Luxee was put down for the night she was lethargic, but Macleod sought medical care for her after discovering she’d thrown up bile the next morning. She took the dog to her own vet as soon as the office opened.
What’s more, the owners argued Luxee may have been saved with earlier intervention, though the vet’s records didn’t state that.
The court concluded the kennel operator acted appropriately, not falling below a reasonable standard of care.
The tribunal dismissed the owner’s claim.