Penticton pair suing BC SPCA over seized dogs, puppies; BC SPCA intends to fight

Suing over seized dogs

Two Penticton residents are suing the BC SPCA for what they claim were a number of improper steps taken during the seizure of their dogs, but the SPCA intends to refute what they call "false allegations."

Madison Mallette and Tyler Mallete filed a civil claim in Penticton Provincial Court on Sept. 14, seeking close to $35,000 in damages.

The pair had four dogs, two adults and two puppies, seized on Aug. 11, 2022, at which time they claim they were not home.

The lawsuit accuses the BC SPCA of failure to investigate allegations as to the state of their animals, failure to provide documentation in about the seizure "in a timely manner," falsifying documents related to the animals' health and withholding information about the animals for four days after the seizure.

The Mallettes also allege the BC SPCA failed to provide relief of claimed "extensive medical and dental suffering" to the animals, and that the Mallette family suffered "extensive physical and mental duress."

The Malettes are seeking $14,700 each for the adult animals — an Australian shepherd and German shepherd — $1,000 for each puppy, and $3,434 for lost wages due to missing work "due to mental and physical distress."

The BC SPCA intends to fight the allegations, which they call "false," in court.

"These animals were seized due to concerns of distress and the owners surrendered them and then changed their minds and continued to go back and forth. We have to act in the best interest of the animals and that is what we did in this situation," reads a statement from Marcie Moriarty, BC SPCA chief prevention and enforcement officer.

No allegations from either party have yet been proven in court.

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