Photo: CTV - File photo

A Vancouver senior’s German shepherd has been taken away from him by the BC SPCA in what has been hailed as a landmark ruling.

Kello the German shepherd was removed from 72-year-old Tarmo Viitre’s house on March 9, after a special constable from the SPCA had visited the home the day before.

Brandon Isenor, with the SPCA, visited the home after receiving complaints the dog was kept inside a vehicle for prolonged periods of time.

While Isenor was at the house, Viitre continued to “act out physically” against the dog, hitting him on the head hard enough “that the dog yelped and cowered,” according to a panel decision.

Isenor came back to the house on March 9 with two RCMP officers and brought Kello to a local shelter.

Viitre was not charged with animal cruelty, but the custody battle was brought before a panel from the B.C. Farm Industry Review Board.

Isenor testified that Viitre justified his behaviour, saying he had owned three German shepherds and “that this was the way that he trained them.”

In 2013, witness Jessica MacDonald reported to the SPCA that she had seen Viitre in a “violent rage,” dragging his previous dog, Kali, up the stairs to his apartment and whipping it with the leather end of a leash.

Animal behaviourist, Dr. Rebecca Ledger, disagreed with Viitre’s training methods.

She said her examination of the dog at the shelter found that Viitre “handled Kello in ways that cause him physical and emotional suffering and pain since he was a puppy.”

Ledger described the dog as “extremely fearful” and exhibiting “suspicious behaviour.”

She said returning Kello to Viitre would put the the dog “into a situation in which he would suffer harm and distress.”

The panel agreed with Ledger and ruled the SPCA’s seizure was justified.

The SPCA’s use of behaviour forensics is a new tool that can help prevent animals from being returned to bad owners.

“This is a groundbreaking case. Without that type of scientific evidence of emotional suffering provided by renowned experts like Dr. Ledger, these types of cases would be much more challenging to proceed criminally or civilly,” said chief enforcement officer Marcie Moriarty.

Viitre paid the BC SPCA $1,166.30 for care costs of the dog.

He has told the BC SPCA he will appeal the decision through the Supreme Court.

- With files from CTV Vancouver