- September 1, 2022
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Dog rescue takes B.C. man's pet back without permission | CTV News – CTV News Vancouver
An animal rescue organization that decided to seize a B.C. man’s adopted dog over concerns about another person living in his home has been ordered to pay hundreds of dollars in damages.
The dog ownership dispute was heard this month in the province’s small claims tribunal, in a case that highlights some of the ways humane societies can and cannot police pet owners.
Lloyd Hunter adopted his dog, Luna, from the Rain Coast Dog Rescue Society in July 2021, signing a document agreeing the organization could take her back if she were to be neglected or abused.
In his decision, Civil Resolution Tribunal member Richard McAndrew noted the B.C. Supreme Court has upheld the right of humane societies to make such stipulations – but found no evidence the terms were ever broken in Hunter’s case.
"Even if Luna had been neglected or abused, there is a further issue as to whether the respondents were entitled to unilaterally seize Luna from Mr. Hunter without a court or tribunal order," wrote McAndrew. "Generally, a party must obtain a court or tribunal order to recover property without permission under a contract."
Under B.C. law, pets are considered property.
Rain Coast Dog Rescue Society admitted it seized Luna from Hunter’s home in October 2021 without his permission, but argued it was allowed to do so because someone with a long history of alleged animal abuse – identified only by the initials S.S. in the decision – was living with him.
The Victoria-based organization pointed to several news articles reporting different times the B.C. SPCA had taken animals away from S.S. between 2012 and 2020, including one instance in which 88 animals were seized.
But there was no evidence submitted that Luna had been neglected or abused by S.S. or anyone else in Hunter’s home, McAndrew wrote, finding the animal rescue was the only party that broke the dog’s adoption agreement.
Hunter filed the dispute hoping to have Luna returned, only to learn the animal had already been rehomed – an issue the tribunal was unable to address.
"I do not have jurisdiction to order the delivery of a pet possessed by a non-party," McAndrew wrote.
Instead, the rescue was ordered to pay Hunter $400 – the dog’s claimed value in the dispute filing – along with $125 in tribunal fees.
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