Kelowna dog breeder ordered to reimburse $2k for dog's surgery

Breeder must pay for surgery

A Kelowna dog breeder has been ordered to pay more than $2,000 for a dog's dental surgery, which was required five months after purchase.

The Civil Resolution Tribunal, in a decision published Wednesday, ordered Annette Cameron of Puppy Patch Doodles to pay Terri and William Brogan $2,114 plus interest and fees, stemming from the November 2022 sale of a puppy named Charlie.

The Brogans took Charlie home from Puppy Patch Doodles on Nov. 25, 2022, paying $3,500. Cameron's purchase agreement guaranteed Charlie had undergone a thorough examination and was in good health. She also warrantied Charlie against “all serious life-threatening genetic diseases” until he was two years old.

Terri says Charlie displayed “aggressive mouthing behaviour” as soon as she brought him home, and he had trouble eating and was dropping his food.

The Brogans took Charlie to two dog trainers in March 2023. One of the trainers noted Charlie was unable to focus visually, listen, or respond to anyone in his environment, and was jumping, biting, and nipping at fingers. The trainer noticed Charlie's upper and lower teeth showed abnormal alignment and she suspected Charlie may be in pain.

Two veterinarians inspected Charlie in the next few weeks and one diagnosed him with hereditary misalignment of the teeth caused by a skeletal abnormality resulting in him being unable to fully close his mouth.

Terri provided the vet's diagnosis and estimate for the cost of surgery to Cameron. Cameron said she wanted to speak to the two vets herself, but a couple weeks later when Terri followed up with Cameron to see if she had, Cameron did not respond.

On April 18, the veterinarian performed surgery on the dog, removing six of Charlie's teeth. The cost of the surgery and previous consultation came to a total of $2,114.

Despite Cameron telling Terri she would cover the cost of whatever was “threatening/harming Charlie with his teeth” and had told her to “go ahead” with the “teeth fixing,” Cameron refused to reimburse the Brogans for the cost.

In her defence at the Civil Resolution Tribunal, Cameron argued that her website states she did not cover dental issues in her warranty. But the tribunal ruled she “has not proven any aspect of this possible defence.”

“I find that if the exclusion existed at the relevant time, Ms. Cameron would have pointed to it in text messages with Mrs. Brogan when discussing dental surgery,” the tribunal member ruled.

As a result, Cameron was ordered to pay the Brogans a total of $2,289, which included the vet bills along with Civil Resolution Tribunal fees and interest.

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