A B.C. dog breeder will have to pay a couple $3,314 for selling them a puppy from their mini-goldendoodle instead of giving it to them.
Serge Chung Lam Chung and Susan Chung Lam Chung went to the B.C.'s Civil Resolution Tribunal, claiming their agreement with the breeder was broken.
The agreement said the Chungs would act as guardians of Noodle the mini-goldendoodle while she was part of Anna Isak Ninos and George Ninos' breeding program.
Under the contract, after Noodle produced four successful litters, the Chungs were to take ownership of Noodle and receive one of her puppies from the fourth litter.
While their end of the bargain was held up, no puppy was exchanged. "None of this is disputed," tribunal member Sarah Orr said in her June 6 .
The Chungs claimed the Ninos pressured them to agree to share the proceeds of their puppy's sale instead, something they said they did under duress.
However, they claimed that they did not get a puppy, nor did they get any proceeds from the sale. Further, they said Ninos did not follow through on having Noodle spayed and failed to return their security deposit.
The Chungs claimed $5,000 in damages.
Anna Isak Ninos, however, said the Chungs told them to sell the puppy because they could not care for it and were not entitled to the sale proceeds.
The Ninos said the Chungs breached the contract by failing to take proper care of Noodle and by not cooperating with the Ninos' efforts to have Noodle spayed.
"They say they do not owe the Chungs anything," Orr said.
In a counterclaim, Ninos claimed $5,000 in damages for loss of reputation and clients, time and energy she spent to find an alternate home for the puppy and draft a new adoption agreement, and for "extraneous effort and anguish."
Orr found no legal basis or evidence to support Ninos' claims and dismissed them.
In the end, Orr ordered Anna Isak Nino to pay the Chungs $2,400 in damages, $239.99 for spaying Noodle, $500 for the security deposit return and $175 in tribunal fees.
Orr found George Ninos was not a party to the contract and dismissed the Chungs' claims against him.
