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

Cell phone porting scam making its rounds through the Comox Valley: RCMP

The Comox Valley RCMP is reminding residents to be vigilant when handing… Continue reading

Woman airlifted from Cumberland after crash

A 73-year-old woman had to be airlifted out to hospital Tuesday following… Continue reading

Tax requisition same, tip fees up for solid waste in Comox, Strathcona regions

CSWM board will have to finalize its latest financial plan by the end of March

Valley man warning others through video following cyber attack

Julian White had his online portfolio hacked less than two weeks ago.

Life on street inspires Comox man to help others without homes

For Sam Franey, it all starts with making connections between people

VIDEO: Wet’suwet’en supporters vow to keep protesting at B.C. legislature

Supporters say they will continue ongoing action to hold government accountable

Comox Valley RCMP issue warrant for the arrest of alleged thief

The Comox Valley RCMP have issued an arrest warrant for 44-year-old Richard… Continue reading

Comox Valley RCMP officer assaulted during traffic stop

On Feb. 21, a member of the Comox Valley RCMP was assaulted… Continue reading

VIDEO: Province promotes ‘lifting each other up’ on 13th annual Pink Shirt Day

Students, MLAs, community members gathered at B.C. Parliament Buildings Wednesday

Prepare for new coronavirus like an emergency, health minister advises

About 81,000 people around the world have now become ill with COVID-19

B.C. residents in Wet’suwet’en territory have right to police presence: Public Safety Minister

Nevertheless, Bill Blair said officials remain ‘very anxious’ for the barricades to come down

Winnipeg police investigating graffiti on RCMP and other buildings

Manitoba Justice Minister Cliff Cullen denounced the vandalism

Nanaimo woman to compete in new season of ‘Big Brother Canada’

Carol Rosher, a cancer survivor, is one of 16 houseguests appearing on reality TV show

B.C. seniors’ watchdog calls for better oversight after recent problems at Retirement Concepts care homes

‘There is no financial incentive right now to be a good operator’ - Isobel Mackenzie

Most Read