Ziggy’s Rescue v Penko and Dwyer, 2022 BCPC 212

This is a civil matter regarding the interpretation of an adoption/foster contract of a dog (Maddie) and her nine puppies. The plaintiff, Ziggy’s Rescue, took the position that when Maddie was adopted, it was agreed that Maddie was pregnant and after giving birth, the puppies would belong to Ziggy’s Rescue. Additionally, Ziggy’s Rescue argued that it was agreed that the adoption is finalized when Maddie is spayed, but since she was not spayed when giving birth, both Maddie and the puppies still belonged to Ziggy’s Rescue.

The defendants argued that there was no agreement with respect to Maddie’s pregnancy and Maddie was adopted (owned) when they took possession of her and paid the $600 fee to the plaintiff.

The judge determined ownership of Maddie by looking at the terms and intention of the contract. Finding that the contract used the words “owner” and that the adopters had obligations throughout the dog’s life, the judge concluded that the contract transferred ownership, rather than mere possession. The judge also found the defendants more credible, which gave more weight to their defence that they had not known about the conditions that Ziggy’s Rescue placed into the contract. Conversely, the judge found Ziggy’s Rescue less credible because it had claimed to be a non-profit organization when it was never registered as one and it appeared that they had been making a profit from selling dogs which was the reason that Ziggy’s Rescue wanted the puppies: in order to sell them for $700 each. Regarding the puppies, two had died at birth and Ziggy’s Rescue tried to claim that as a loss, stating that it should receive $1,400 for the two lost puppies. With respect to the remaining seven puppies ($4,900), the defendants had willfully transferred the puppies to the SPCA, and the SPCA chose to transfer them back to Ziggy’s Rescue.

The judge ultimately focused the decision on Maddie’s best interest and, since she had been spayed and was in a safe and loving home with the defendants, it was decided that the defendants were the rightful owners of Maddie. Regarding the two puppies who died at birth, Ziggy’s Rescue would not receive $1,400 for the two puppies as it has nothing to do with the best interests of Maddie.