File photo. (Pixabay)

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.

Just Posted

Provincial Health Officer Dr. Bonnie Henry talks about B.C.’s plan to restart the province during a press conference at Legislature in Victoria, Tuesday, May 25, 2021. THE CANADIAN PRESS/Chad Hipolito
Interior Health COVID-19 cases falling slower than the rest of B.C.

More than a third of provincial cases announced Thursday came from the Interior

The Greater Vernon Chamber of Commerce will host the Valley Wide Business Expo May 4 at Predator Ridge Resort. (photo submitted)
Golf raffle helps Okanagan families score homes

Habitat for Humanity Okanagan swinging into action this summer with a new raffle

The weekly COVID-19 map for June 6 to 12. (BC CDC)
South Okanagan sees only 5 new cases in last week

The Similkameen Valley went a second week without any new cases

Birtch Parlee is one of approximately 132,000 transgender people living across the nation, according to Statistics Canada. Photo submitted
Transgender in a small town – Princeton B.C.

“I buried it. I pushed it down. I lived a lie.”

A tent housing a mobile vaccination clinic. (Interior Health/Contributed)
Second dose vaccinations accelerating throughout region: Interior Health

To date, more than 675,000 doses have been administered throughout the region

A small pod of Pacific white-sided dolphins pass by close to shore in Campbell River June 16, 2021. Still capture from video courtesy of Kimberly Hart
VIDEO: Dolphin sunset captured from Vancouver Island shore

Spectacular setting for view of travelling pod of Pacific white-sided dolphins

A vial of AstraZeneca vaccine is seen at a mass COVID-19 vaccination clinic in Calgary, Alta., Thursday, April 22, 2021. The website for a Broadway theatre showing "Springsteen on Broadway" said it would only allow guests "fully vaccinated with an FDA-approved vaccine" — Pfizer-BioNTech, Moderna or Johnson & Johnson. THE CANADIAN PRESS/Jeff McIntosh
No Springsteen for you: AstraZeneca not good enough to qualify for Broadway ticket

Victoria area mayor among those unable to attend New York entertainment due to COVID-19 restriction

The crosswalk is at Third Street and Mackenzie and was installed on June 17. (Liam Harrap - Revelstoke Review)
Painting a rainbow: First Pride crosswalk installed in Revelstoke

‘It signals to the community that this city is inclusive,’ Mayor Gary Sulz

The BC Ferries’ website is down for the second time in one week from what they say is likely an overwhelming increase in web traffic. (Black Press Media file photo)
Surging web traffic crashes BC Ferries’ site again

Website down for second time this week

The Shuswap River in Enderby draws in people from near and far in the summer months of each year. (Brendan Shykora - Morning Star)
RDNO ends lengthy attempt to bring new boating regulations to Shuswap River

With no consensus among stakeholders or remaining funds, the regional district is moving on

John Furlong told the Vancouver Board of Trade on Feb. 20, 2020 that he thinks the city could and should bid for the 2030 Winter Games. (CP photo)
PODCAST: John Furlong lays out a ‘provincial’ B.C. plan to host the 2030 Winter Olympics

Podcast: Chat includes potential role for Vancouver Island communities

The pilot of this single-engine propeller plane was unhurt after crash-landing in a Como Road orchard Friday, June 18. Photo: Laurie Tritschler
Plane crash lands into Grand Forks orchard, pilot injured

RCMP have secured the crash site, pending investigation by Transport Canada

A tenant walks in front of her home on Boundary Road on Friday, June 18, 2021 after it was destroyed by fire the night before in Chilliwack. (Jenna Hauck/ Chilliwack Progress)
Family homeless after fire rips through Chilliwack house

Turtle rescued, no one seriously hurt following Boundary Road fire in Chilliwack

BC Ferries’ newest Island Class vessel is experiencing an issue with one of its thrusters off the Algerian coast. Photo courtesy patbaywebcam.com.
BC Ferries newest vessel having mechanical issues in Mediterranean

Island 4 will be repaired in Spain before crossing Atlantic

Most Read