B.C. woman who adopted a sick Chihuahua wins compensation for vet bills, mental distress

A B.C. pet adoption service has been ordered to pay a woman who adopted a sick Chihuahua more than $3,500 in damages as compensation for vet bills, dental surgery and mental distress.

A B.C. pet adoption service has been ordered to pay a woman who adopted a sick Chihuahua more than $3,500 in damages as compensation for vet bills, dental surgery and mental distress.

The province's Civil Resolution Tribunal ruled on the dispute Thursday, finding that Furbaby Rescues Society had breached its contract with Kelsey Couchman, who took a pup named Kyra home in 2021.

"It is undisputed that Kyra required considerable vet care after the adoption," tribunal member Eric Regehr wrote in the decision. Couchman alleged that the rescue service knew the dog was in poor health but did not disclose that information before she paid the $1,200 fee. The rescue, for its part, said Kyra was in "good health" when she was adopted.

The standard of proof in a case like this one is the "balance of probabilities.” Ruling in Couchman's favour means that the tribunal fund it more likely than not that the rescue had breached its contract.

In deciding the dispute, the tribunal looked at the pre-adoption correspondence between Couchman and Dr. Krystle Jores, Furbaby's lone employee. Veterinary records were also submitted as evidence.

What Regehr found was that Couchman asked "repeated questions" about the dog's health and received "reassurances (that) were fundamental to her decision to adopt," the decision says.

This included a claim that the dog was "totally fine" after an overnight vet stay where probable kennel cough was diagnosed and a recommendation for further treatment was ignored. It also included a promise that “if she needs any dental at all, it gets done."