BC breeder to pay $4K after refusing refund for dead puppy

A BC Chihuahua breeder who refused to refund a client whose dog died a week after picking it up is on the hook for $4,000. Chihuahua breeder Traci Fobbs had told Tammy Lynne Mackenzie that the $3,000 dog came with a "2 year spoken genetic health guarantee" but then refused to cough up when it died a week later. Mackenzie then took the Vancouver-based breeder to the small claims court. According to a July 24 BC Civil Resolution Tribunal decision, Mackenzie bought the pricey pooch in early 2023 with her son flying to Vancouver to collect the dog. However, a couple of days after getting the dog, it was lethargic and had diarrhea. A vet then found the puppy was hypoglycemic and prescribed medication. READ MORE: Kelowna breeder wins after being sued over sick Labradoodle https://infotel.ca/newsitem/kelowna-breeder-wins-after-being-sued-over-sick-labradoodle/it105507 While it seemed the Chihuahua was getting better, a week later it began vomiting and had diarrhea and was taken to the vet and put on an IV. The dog's health deteriorated and the vet said the prognosis was poor and Mackenzie had the dog put down. While initially very apologetic and agreeing to a refund or a new puppy, Fobbs then changed her tune. In her defence, she blamed the puppy’s death on letting it fly when it was so young, although provided no evidence to say why this would be. The breeder then blamed the dog's death on it eating marijuana or hitting its head, again without any evidence. The Tribunal rejected the argument saying it was mere speculation. READ MORE: Ongoing dispute between Osoyoos neighbours lands back in court https://infotel.ca/inhome/ongoing-dispute-between-osoyoos-neighbours-lands-back-in-court/it105866 In the decision, Fobbs specifically said there was no contract between the two for the puppy. However, the Tribunal ruled that because the parties’ agreement was a private sale, it was subject to the BC Sales of Goods Act https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96410_01 which requires goods to be sold to be "durable." "I find that there was an implied warranty in the parties’ contract that the puppy would be healthy for at least six months, given the durability warranty," the Tribunal ruled. "Instead, the puppy became very ill just over a day after the (dog's) purchase." The Tribunal found that the breeder "breached... the implied warranty" and ordered her to pay Mackenzie $3,000. The breeder was also ordered to pay a $880 vet bill leaving her owing $4,057 including fees and interest. To contact a reporter for this story, email Ben Bulmer mailto:bbulmer@infonews.ca  or call (250) 309-5230 or email the editor mailto:news@infonews.ca . You can also submit photos, videos or news tips to the newsroom mailto:tips@infonews.ca  and be entered to win a monthly prize draw. We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. SUBSCRIBE to our awesome newsletter here https://infotel.ca/newsletter .