Court rejects animal-rescue owner's payout claim for dead puppies born to adopted dog

A woman who runs a Vancouver Island dog rescue organization has lost a court battle to be compensated for two dead puppies born to a dog she had adopted out.

Laura Snoek of Ziggy's Rescue in Port Alberni, B.C., also lost her bid to have the mother dog returned to her, with a B.C. provincial court judge ruling the canine, named Maddie, should remain in her "forever home." 

Court documents show that Snoek originally sought either the return of Maddie and her entire litter of nine puppies, or a sum of $9,000, claiming the dog's new owners had breached the adoption agreement. 

Even when seven of the puppies were returned to her, she still sought $1,400 for the two that died at birth, along with thousands more for loss of revenue.

In his decision on Oct. 5, Judge Alexander Wolf questioned whether Ziggy's Rescue was really a non-profit, as it portrays itself, and ultimately dismissed Snoek's claims, ruling that Maddie should stay with her new owners.

"Every dog must have [its] day," Wolf wrote. "And today is Maddie's day."

Contract terms 

According to court documents, Snoek said she was paid $600 for Maddie as part of the adoption agreement she signed with Allison Penko and Herbert Dwyer in May 2021.

She argued that Penko and Dwyer took possession of Maddie, but did not actually own the dog because the contract required Maddie to be spayed for ownership to be finalized. 

However, Maddie was pregnant and could not be spayed until after she gave birth. 

As a result, Snoek argued that Maddie and her litter of nine puppies belonged to her.

Snoek says she lost revenue as a result of the puppies not being born into her care, and cited other breaches of contract as reasons for wanting Maddie returned.

In a notice of claim filed in June 2021, Snoek asked for the "return of dog and litter of puppies immediately or $9,000." She also made a claim of $1,000 for vet bills and $5,000 for court fees and legal services.

In a revised notice of claim filed last November, she said she had obtained and sold seven of the nine puppies, partially offsetting revenue losses. She still claimed $1,400 for the two dead puppies, along with another $5,000 for loss of revenue.

Counterclaims

In a reply filed in August and amended in December, Penko and Dwyer denied making any agreement regarding the birth of the puppies. 

"We signed a contract with claimants who presented themselves as registered, non-profit animal rescue society, not a dog breeder," they wrote in an amended reply.

Penko and Dwyer counterclaimed for $4,900 for breach of contract, saying they gave the seven puppies to the SPCA, who in turn returned them to Snoek, who then sold them. They also claimed $268 for court filing fees and $709 for vet bills. 

Wolf wrote the contract contained "a number of unreasonable conditions," including one that allowed someone from Ziggy's permission to visit the home at any time to check in on the dog.

On one occasion, when Snoek visited Penko and Dwyer's home to give Maddie deworming treatment, a heated argument occurred.

"She showed up, called the defendants' names, caused a disturbance, and frightened them to the point that they felt unsafe in their own home," Wolf wrote in his decision. 

'The defendant's family are made whole'

Wolf denied the defendants' $4,900 counterclaim related to the proceeds from selling the seven puppies. The judge also ruled that the couple would be responsible for the vet bill and Snoek had to cover court fees. 

Wolf also said Snoek "was not very forthright in her interactions with the court," saying she seemed "intentionally vague" when asked if Ziggy's was officially a non-profit.

As for Maddie, she gets to stay with Penko and Dwyer.

Wolf said the fact that Maddie is now spayed removed any doubt about whether the defendants are her owner. Even if she wasn't spayed, the judge found the argument that "adoption means permanent" compelling. 

"The time has come for Maddie to finally know she is in her forever home and that the defendant's family are made whole," he said.