How To Sue A Rescue Organization For Improper Animal Care

A Winnipeg couple who adopted a canis familiaris from an animal rescue group is suing the charity for taking the canis familiaris back while they were on holidays in Mexico.

"We were shocked, admittedly shocked," said Barbara Rudiak who owns iii other dogs with her husband Kevin Jardine.

"He was a huge part of our lives and we're only devastated he's been taken. We feel he'due south been stolen from usa," she said.

Rudiak said they adopted all four of their dachshunds from various rescue shelters over the last few years. One of those dogs, named Nicolas, was adopted last May from Before The Bridge Senior K9 Rescue, a group based in Stony Mount that rescues older dogs that have been abased or neglected.

"So I wrapped him upwards in a little coating took him home and told Kevin his story and of form he fell in honey with him instantly likewise," she recalled.

Winnipeg couple warns others afterward online dog deal bites back

Video
Rescue grouping advertises domestic dog for $350 — later on getting it for gratuitous

Last February, Rudiak and Jardine decided to take a trip to United mexican states. They could only take two of their dogs, and so they left Nicolas and their puppy named Jazz in the care of a friend.

"We travel with our dogs a lot," said Jardine. "Nosotros wish nosotros could take them all, merely unfortunately we tin can't."

Barbara Rudiak, left, and Kevin Jardine, right, are taking Before the Bridge Thou-9 Rescue to court after the canis familiaris rescue took back, Nicolas, a dachsund they paid $250 to prefer concluding twelvemonth. (Walther Bernal/CBC)

Not long later on dropping the dogs off, Rudiak said she got a call that Nicolas had been bitten past Jazz. She said she was told by her friend the bite was not that serious, then they left for the airport the next morning.

Rudiak said she left instructions for the dogsitter to go on Jazz in his kennel, and away from Nicolas, until some other friend could pick up Nicolas.

But after spending nearly a calendar week in Mexico, she said the couple received a call from another friend that Nicolas had been taken by Before The Span.

"We're heartbroken to be honest, we actually miss little Nicolas, he'south a huge office of our family unit."

Adopting a furry friend? Unregulated animal rescues could cost y'all thousands, advocates say

CBC Investigates
B.C. canis familiaris rescue accused of failing to properly vet animals, people in pet adoptions

Rudiak said it was the rescue group that initially approached them nearly adopting Nicolas because the couple are known for taking in dogs with special needs. Two of their dogs are paralyzed.

"Our lives revolve around all our dogs, I'grand home all solar day with our two cart dogs, they need abiding assistance they can't apply the bathroom by themselves, and they demand to exist moved and so they don't get bed sores," Rudiak said.

She says to date they take not been able to prepare a coming together with the rescue group to discuss what concerns they had about Nicolas and why they took him back.

Couple taking case to court

Winnipeg lawyer Kevin Toyne has taken the couple's case because he believes the rescue group gave up ownership of the dog later on he was sold.

The couple paid a $250 adoption fee for Nicolas.

Toyne said the couple did not sign a contract but did sign an application to prefer a dog from the rescue in the past.

The awarding indicates the rescue group tin can reclaim the domestic dog if information technology believes the animal is being abused, but he adds that likely won't concur up in court.

"When these lawsuits are brought to the courts rightly or wrongly they consider domestic animals like dogs and cats to be property," Toyne said.

The lawyer for the couple, Kevin Toyne, says in the eyes of the police force dogs are considered belongings. (Walther Bernal/CBC)

"So it's not about who'due south the best parent for the animal or who can have better care of the beast, although those are of import problems, it's who actually owns the animate being," Toyne said.

"If someone is concerned about how an fauna is treated you lot don't steal the animal," he said. "You brand a report to the humane society or to the city of Winnipeg Fauna Command, you don't accept the police into your own hands."

Getting a rescue dog? Here'due south how to find a great match for your family

Humane society hopes dog rescue seizure leads to regulations

Bill Gange, the lawyer representing Before The Bridge Dog Rescue said they are in the process of filing a statement of defence and more details will come out when the instance is heard in court on June 13.

Gange said it volition be up to the courts to decide whether the steps taken by the rescue to repossess the dog were advisable.

"It's going to exist interesting to encounter what the courts say," said Javier Schwersensky, CEO of the Winnipeg Humane Society.

He said the society does non have clauses or contracts that would permit it to reclaim a pet but adds it's non uncommon for rescue groups to take their own rules when adopting out animals.

The lodge believes if an brute is existence abused it would take activity nether the province's Brute Care Human activity.

"The event is the Animate being Care Human action is fairly outdated. The animal needs to exist in serious distress in order for the province to say 'yes' you tin can have it back. That is where the disconnect happens between the expectations of an brute rescue and what the person adopting the animal from them may or may non know, " Schwersensky said.

'He is our baby'

Rudiak says she'due south also aroused they weren't notified by the rescue sooner that Nicolas had been taken.

"So for that whole week [in Mexico] nosotros had no indication that there'south something that'southward gone so incorrect," she said.

Jardine says when they got dorsum to Winnipeg they were told by the director of the rescue that Nicolas was taken dorsum for prophylactic reasons.

Barbara Rudiak and her husband Kevin Jardine adopted their weiner domestic dog Nicolas last May. The dog was adopted from Before The Bridge Senior K9 Rescue. The couple is now suing the shelter for taking the dog dorsum while the couple was on a trip to Mexico. (Kevin Jardine)

"They said they experience he was in danger because of the attacks, and having Jazz in our abode," said Jardine who added Jazz is non a bad dog.

"Jazz is a puppy and he is still learning," said Rudiak.

The couple says they have since given up ownership of Jazz, in hopes that the rescue group would consider giving Nicolas back.

She said Jazz is now under the intendance of a family friend who lives on their street who has play dates with their dogs.

"We will not stop because he is our babe, he is our life," said Rudiak.

"To u.s.a., this is no dissimilar than if parents left a child with a friend to babysit and while they were away, CFS comes and takes your kid," she said fighting back tears.

"We are devastated, we can't even imagine what he's going through … he's not a nervous dog just he's more sensitive."