B.C.’s Civil Resolution Tribunal has ordered a dog adoption agency to reimburse a man for the dog he adopted — a dog the agency later seized for alleged adoption contract violations.
However, Lloyd Hunter won’t be getting Luna back, as another family has already adopted the animal.
Hunter adopted Luna from RainCoast Dog Rescue Society on Vancouver Island.
In his Aug. 30 decision, tribunal member Richard McAndrew said the society removed Luna from Hunter without his permission.
In a dispute notice to the tribunal, Hunter seeks the return of the dog, which he values at $400.
The society, however, claimed it was entitled to remove Luna from Hunter’s care because he had allegedly breached a July 1, 2021 adoption agreement. Hunter had sought an order for Luna’s return but McAndrew said that was beyond the tribunal’s jurisdiction.
The society said it took Luna from Hunter’s home on Oct. 10, 2021, because an individual, S.S., resided in Hunter’s home and S.S. allegedly has a lengthy history of animal abuse.
The society said a court order bans S.S. from owning animals. However, the society did not provide a copy of the alleged order.
“In the absence of such evidence, I find that the respondents have not proved that S.S. was prohibited by court order from possessing or owning animals,” McAndrew said.
The society also claimed the adoption contract was invalid because Hunter allegedly misrepresented his adoption plans. The society claimed Hunter was adopting the dog for S.S. rather than for himself.
“I find that RainCoast is essentially arguing that Mr. Hunter committed a fraudulent misrepresentation, which is an intentionally false statement made to convince a party to enter a contract,” McAndrew said.
Hunter said he was truthful in saying he was adopting Luna for himself.
“I find RainCoast’s allegation of fraudulent misrepresentation to be unproven,” McAndrew said. “I find that RainCoast breached the adoption agreement.”
As far as Luna’s return goes, RainCoast said the dog has already been adopted.
“I find that I do not have jurisdiction to order the delivery of a pet possessed by a non-party,” the tribunal member said.
In the end, McAndrew awarded Hunter $400.
