A Â鶹´«Ã½Ó³»dog daycare has been ordered to partially refund a man whose dog was banned for acting aggressively.
Dan On had purchased a $693 20-day pass from Pet Parlour Spa & Daycare Inc. (PPSD) but had been told his dog would not be allowed back after only three days of care until it was neutered.
On said he waited until the dog was the vet-recommended age to be neutered, after which he returned to the daycare. However, he noted PPSD refused to honour the pass because it was time-limited and expired three months after the purchase date.
He asked the B.C. Civil Resolution Tribunal to reimburse him $587 for the unused 17 days.
According to the daycare, On returned eight months after his dog hit the three-month expiry. The company said that if the dog had been neutered right away, he could have used the pass before its expiration.
On, however, said he was not told about the expiry dates.
The Tribunal decision documents noted the possible neutering age of the dog was not of assistance in deciding the dispute. Instead, the issue was whether or not the pass had an expiry date, something PPSD had the burden of proof to prove.
“I find PPSD has not proven Mr. On’s 20-day dog daycare pass included an expiry term,” the decision noted. “So, by failing to allow Mr. On to use the pass more than three or six months after the purchase date, I find PPSD breached the parties’ agreement.”
