A woman who runs a Vancouver Island canine rescue organization has lost a court battle to be compensated for two dead pups born in order to a dog she had adopted out.
Laura Snoek of Ziggy’s Rescue in Port Alberni, B. C., also dropped her bid to have the mother dog returned to her, with a B. C. provincial court judge ruling the canine, named Maddie, should remain within her “forever home. ”
Courtroom documents show that Snoek originally sought either the particular return of Maddie and her entire litter associated with nine young puppies, or a sum of $9, 000, claiming the dog’s new owners experienced breached the particular adoption agreement.
Even when seven of the puppies were returned with her, she still sought $1, 400 for the two that died at birth, along with thousands more for loss of revenue.
In his decision on Oct. 5, Judge Alexander Wolf questioned whether Ziggy’s Rescue was really a non-profit, as it portrays itself, and ultimately dismissed Snoek’s claims, ruling that Maddie should stay with her new owners.
“Every canine must have [its] day, ” Wolf wrote. “And today is Maddie’s day time. ”
Contract terms
According to court documents, Snoek said she was paid $600 for Maddie as part of the adoption contract she signed with Allison Penko plus Herbert Dwyer in May 2021.
She argued that Penko and Dwyer took possession of Maddie, but did not actually own the dog because the contract required Maddie to be spayed for ownership to become finalized.
However, Maddie has been pregnant and could not be spayed until after she gave birth.
As a result, Snoek contended that Maddie and the girl litter of nine puppies belonged to her.
Snoek says the girl lost revenue as a result of the puppies not being born into her care, and cited other breaches associated with contract as reasons for wanting Maddie came back.
In a notice of claim filed in June 2021, Snoek asked for the particular “return of dog plus litter associated with puppies immediately or $9, 000. ” She also made a claim of $1, 500 for vet bills and $5, 1000 for court fees plus legal services.
In the revised notice of claim filed last November, the lady said she had obtained and sold seven associated with the nine puppies, partially offsetting revenue losses. She nevertheless claimed $1, 400 for that two dead puppies, together with another $5, 000 with regard to loss of revenue.
Counterclaims
In a reply filed within August and amended in December, Penko and Dwyer denied making any agreement regarding the birth associated with the pups.
“We signed a contract along with claimants who presented themselves as registered, non-profit animal rescue society, not the dog breeder, ” they wrote within an amended reply.
Penko and Dwyer counterclaimed regarding $4, 900 for breach of agreement, saying these people gave the particular seven young puppies to the SPCA, that in turn returned them to Snoek, who then sold them. They also claimed $268 intended for court filing fees plus $709 to get vet bills.
Hair wrote the particular contract contained “a number of unreasonable conditions, ” including one that allowed someone from Ziggy’s permission to visit the home at any time in order to check in on the dog.
On one occasion, when Snoek visited Penko and Dwyer’s home to give Maddie deworming treatment, a heated argument occurred.
“She showed up, called the defendants’ names, caused a disturbance, and frightened these to the point that they felt unsafe in their own home, ” Wolf wrote in his decision.
‘The defendant’s family are made whole’
Wolf denied the defendants’ $4, nine hundred counterclaim related to the particular proceeds from selling the seven puppies. The judge furthermore ruled that will the couple would be responsible for the vet bill and Snoek had to cover court fees.
Wolf also said Snoek “was not very forthright in the girl interactions with the courtroom, ” saying she seemed “intentionally vague” when requested if Ziggy’s was officially a non-profit.
As pertaining to Maddie, the girl gets to remain with Penko and Dwyer.
Wolf stated the fact that Maddie is now spayed removed any doubt about whether the defendants are her owner. Even if the lady wasn’t spayed, the determine found the particular argument that “adoption means permanent” compelling.
“The time has come meant for Maddie to finally know she is within her forever home and that the defendant’s family are made whole, inch he mentioned.