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

(PQB News file photo)
Oceanside RCMP on the hunt for reported Rathtrevor flasher

Two separate incidents noted at provincial park on April 30 and May 14

A fledgling white raven was spotted near the end of Winchester Road in Coombs. (Mike Yip photo)
Legend continues as iconic white raven spotted once again in Coombs

Sightings rare everywhere in world except for central Vancouver Island location

Emergency service workers at the collision scene along Highway 4 in Hilliers on Sunday, May 16. (Collin C photo)
UPDATE: Motorcyclist dies from injuries sustained in highway collision near Hilliers

BC Highway Patrol says impairment not a contributing factor in crash

Checking through social media feeds can be an interesting exercise. (Black Press Media file photo)
WOLF: Mr. Rogers would be proud of this friendly day in the neighbourhood

COLUMN: Residents quick to offer assistance for person coming off surgery

An avalanche near Highway 1 in Glacier National Park. Avalanche Canada will benefit from a $10 million grant from the B.C. government. (Photo by Parks Canada)
Avalanche Canada receives $10-million grant from B.C. government

Long sought-after funds to bolster organization’s important work

More “strings of lights” were seen on May 15, 2021, in night sky over Vancouver Island. (File photo)
Sicamous RCMP Sgt. Murray McNeil and Cpl. Wade Fisher present seven-year-old Cody Krabbendam of Ranchero with an award for bravery on July 22, 2020. (Contributed)
7-year old Shuswap boy receives medal of bravery for rescuing child at beach

Last summer Cody Krabbendam jumped into the lake to save another boy from drowning

B.C. Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry update the province’s COVID-19 vaccine program, May 10, 2021. (B.C. government)
B.C.’s COVID-19 infection rate stays below 500 a day over weekend

14 more deaths, down to 350 in hospital as of Monday

Royal Bay Secondary School’s rainbow crosswalk was vandalized shortly after being painted but by Monday, coincidentally the International Day Against Homophobia, Transphobia and Biphobia, the crosswalk had been cleaned up and students had surrounded it with chalk messages of support and celebration. (Zoe Ducklow/News Staff)
B.C. high’s school’s pride crosswalk restored following ‘hateful’ graffiti attack

Hate terms, racial slur, phallic images spray-painted at Greater Victoria high school

Terrance Mack would have celebrated his 34th birthday on May 13, 2021. Mack’s family has identified him as the victim of a homicide in an apartment on Third Avenue in Port Alberni sometime in April. (SUBMITTED PHOTO)
Family identifies Ucluelet man as victim of Vancouver Island homicide

Terrance Mack being remembered as ‘kind, gentle’ man

Nathan Zuk had left his mother’s residence in Whaletown on Cortes Island in mid-December 2020 in a 14’ skiff rowboat and headed to an unknown location near the Pryce Channel, Deer passage, or Toba Inlet. Photo courtesy RCMP
RCMP need help finding man who set off from Cortes Island in 14-foot rowboat

Nathan Zuk left in December, may have been last seen in Toba Inlet approximately three weeks ago

Discarded construction materials make up nearly 40 per cent of all materials sent to the landfill from sources in the city of Victoria. (Zero Waste Victoria)
Victoria looks to curb waste by turning demolitions into deconstructions

Community drafting bylaw forcing developers to be better at salvage and recycling

Vancouver Canucks’ Jake Virtanen (18) and Calgary Flames’ Josh Leivo, front right, vie for the puck as goalie Jacob Markstrom, back left, watches during the first period of an NHL hockey game in Vancouver, on Saturday, February 13, 2021. THE CANADIAN PRESS/Darryl Dyck
Vancouver Canucks forward Jake Virtanen sued over alleged sexual assault

Statement of claim says the woman, identified only by her initials, suffered physical and emotional damages

Most Read