Bulldog breeder ordered to give refund after complaints about puppy's behaviour

An Alberta dog breeder is out $2,685 after the B.C. buyer of one of her bulldogs complained about the puppy's behaviour. 

The B.C. Civil Resolution Tribunal recently ruled that dog breeder Michelle Graham, operator of Peace Bulldogs, refund customer Dawn Dzenkiw the $2,500 she paid for the eight-month-old bulldog, plus interest and tribunal fees. 

Dzenkiw told the tribunal the puppy seemed to be adapting well after she got the animal in June 2018, but by August it didn't like being on a leash and was baring its teeth and soiling itself. 

Graham argued that she didn't compensate Dzenkiw with another animal because she was concerned about the puppy's weight and behaviour when Dzenkiw returned it. The tribunal member disagreed with that assessment. 

Lack of regulation

Animal rights lawyer Rebeka Breder says it's highly unusual for dog breeders to refund customers because of an animal's temperament. 

"Behavioural issues are common in any animal," Breder said. "The decision didn't talk about the applicant trying to take the dog for formal training."

But Breder also warns that it can be difficult for those who buy a dog from a breeder to know about any previous issues with that person's animals. 

"This case also speaks to a bigger problem about how there is a lack of regulation for breeders anywhere in the country," she said. 

Refund policy

According to the decision, two months after Dzenkiw received the eight-month-old bulldog she texted the owner to say the dog didn't like being on a leash and was uncomfortable around her son.

She also said the dog was baring its teeth, was afraid to go out in public, and was so scared of people that it would soil itself. 

The decision says Graham was initially supportive, and told Dzenkiw she would take the dog back. Dzenkiw asked about compensation, but Graham said she couldn't make any promises until she checked the dog's health. 

The contract said refunds don't apply to temperament, but also that the breeder should be given the option of taking the dog back if the owner couldn't keep the animal for any reason — but with no mention of compensation if that were the case, according to the decision. 

Promise of a new puppy

Dzenkiw returned the dog in October 2018, four months after taking it home. Graham initially sent videos of the dog, but the decision says she then began to claim that the puppy was severely underweight. 

However, the tribunal member says this wasn't evident in the photos and video that Graham submitted as evidence. 

Graham initially told Dzenkiw she would provide her with a new puppy or a hairless sphynx cat, which Graham also breeds. The tribunal said this put into question the breeder's concerns about her customer's ability to care for a pet. 

For months, Dzenkiw and Graham exchanged messages about travel arrangements, with no new pet in sight. 

Refund ordered

The decision says although the contract specified that refunds didn't cover temperament, the breeder did promise Dzenkiw a new puppy or cat. 

Also, the tribunal didn't accept Graham's explanation about her concerns for the dog. 

Based on that evidence, the tribunal ruled that Graham should reimburse Dzenkiw for the amount she paid for the bulldog, plus interest and tribunal fees.