File photo. (Pixabay)

B.C. woman ordered to return dog to ex-boyfriend for $2,000

After the two broke up, documents state, they agree to share custody of the dog, named Harlen

A B.C. woman has been ordered to return a dog back to her ex-boyfriend after the sharing agreement between the two broke down.

According to the Civil Resolution Tribunal, Savannah Austin and Ian Birnie, bought the dog during a 23-month common law relationship.

After the two broke up, documents state, they agree to share custody of the dog, named Harlen. That arrangement didn’t work out and Harlen has been in Austin’s custody since November 2018.

According to the decision documents, the duo started living together in June 2015 and broke up in May 2017, when Harlen was eight months old. Austin and Birnie both paid for the dog, which they bought in November 2016.

Both believe they should have custody of the dog in exchange for a $2,000 payment to the other.

Tribunal co-chair Shelley Lopez noted that while both Austin and Birnier are “emotionally attached” to Harlen, “the law is clear that pets should not be treated in law as family members but rather as personal property.”

Lopez said that because evidence shows both parties paid similar amounts and took similar care of Harlen, she would determine who got the dog based on behaviour leading up to Austin’s taking of the dog.

In text messages between August and October 2018, both people “ultimately agreed” that Birnie would keep Harlen. Lopez cited texts from Austin stating “I just gave you Harlen.” Birnie had offered to pay for a new puppy in exchange

“On September 8, 2018, after a series of exchanges about dog expenses and the new puppy cost, the parties ultimately agreed that Mr. Birnie would get to keep Harlen in exchange for a payment of $1,950,” Lopez wrote.

She believes the duo’s “relatively amicable arrangement” went downhill in late September, when Austin entered Birnie’s home without permission to take belongings she had left there.

Despite this, Austin reaffirmed on Oct. 3 she would give Harlen up in the spring of 2019, when she got the new puppy, but agreed she would give the dog to Birnie for the Christmas holidays.

Documents state that a week after Birnie dropped off Harlen with Austin in November, “she messaged him saying she was taking Harlen and to not contact her again.”

She told Birnie they could “touch base in the spring,” but did not respond further to multiple texts from him. between Nov. 30, 2018, and April 8, 2019.

Lopez wrote she found Austin’s agreement to hand over Harlen in exchange for $1950 an “enforceable agreement” and that Birnie has the stronger claim to the dog.

Lopez ordered Austin to deliver the dog, at cost, to Birnie in exchange for $1,950 within 45 days of the Nov. 12 decision.

ALSO READ: Two pillows, ‘Magic Wand’ vibrator at centre of B.C. civil dispute between exes

ALSO READ: B.C. woman gets refund for Cuba trip, but goes anyway and now has to pay


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Fanny Bay residents fed up with problem house

A delegation from Fanny Bay has appealed to regional district directors to… Continue reading

Merville’s annual Garlic Fest a ‘stinking good time’

Once again, it is time to hold your nose and prance on… Continue reading

Cumberland resident finds prized possession from childhood

Corrina Mahoney was scanning the 24 Hour Bidding site and happened upon… Continue reading

Courtenay seeking input on community goals and growth

Survey participants could win $100 gift certificates

Comox holds off on mask proclamation

Local doctor called for language to encourage people, businesses to support maks

B.C. records 30-50 new COVID-19 cases a day over weekend, no new deaths

Many of those testing positive were identified by contact tracing for being linked to other confirmed infections

Charlie’s Car Wash in Courtenay raising funds for YANA

Michael Seib the owner of Charlie’s Auto Wash (beside Value Village) in… Continue reading

Five B.C. First Nations call out Canada for ‘discriminatory’ food fish practices

West Coast nations say government ignoring court-won right to chinook and coho

Rent-relief program becomes new front in fight between Liberals, opposition

Opposition trying to draw parallels between decision to have Canada Mortgage and Housing Corp. run program and the WE controversy

Nanaimo woman will buy ‘supersonic’ hair dryer after $500,000 lotto win

Debra Allen won $500,000 in July 28 Lotto Max draw

Ottawa sets minimum unemployment rate at 13.1% for EI calculation

Statistics Canada says the unemployment rate was 10.9 per cent in July

Cougar euthanized after attacking little dog in Qualicum area

Owner freed pet by whacking big cat, but dog didn’t survive the attack

$45K in donations received after couple’s sudden death in Tulameen

Sarah MacDermid, 31, and Casey Bussiere, 37, died August long weekend

Most Read