Dispute over missing pooch lands in court
What started as a dispute over a missing pet is turning into a major dogfight
What started as a dispute over a missing pet is turning into a major dogfight – one that has now involved the RCMP, the Mae Bachur Animal Shelter and the Yukon’s small claims court.
Last July, Whitehorse resident Emerald Gillespie boarded her dog Buddy with a Tagish-based kennel after the dog bit someone.
In a statement of claim filed in early September, Gillespie said she placed Buddy in the care of Any Domesticated Animal Rescue and Boarding Kennels while she searched for a new home for the dog.
When Gillespie tried to get Buddy back, the claim said, kennel owner Shelley Cuthbert refused.
In Cuthbert’s reply to the claim, she said Gillespie had surrendered the dog.
That kicked off a flurry of court activity.
On Sept. 23, Gillespie served Cuthbert a notice regarding a hearing that would determine Buddy’s custody while the case was ongoing.
Cuthbert missed the hearing because she said her dogs ate that notice, which was not given directly to her, but thrown into her yard.
Cuthbert also applied for a peace bond against Gillespie. That application was denied.
Cuthbert later filed an affidavit saying the dog was no longer in her care.
In early October, Judge Peter Chisholm ordered that Buddy be taken to the animal shelter in the interim.
When a shelter employee, accompanied by the RCMP, visited Cuthbert’s home, neither Buddy nor Cuthbert appeared to be there.
Chisolm then ordered Cuthbert to appear at a discovery in advance of a trial. That took place this morning.
During the discovery, Gillespie’s lawyer, Graham Lang, asked Cuthbert where Buddy was.
“I have no idea,” said Cuthbert.
She told Lang the dog had escaped while being taken to a new owner in Alberta.
Cuthbert said dogs often escape when they are transported by car.
She said that’s why she normally moves dogs by plane. In this case though, she said, the dog was being driven to Alberta by friends she trusted.
Lang asked why Gillespie chose to transport the dog by this method, to a new owner she’d never met, particularly when she said she considered Buddy a dangerous dog.
Cuthbert said she heard the new owner is a capable trainer.
Lang pressed this point. If Buddy had bitten someone in the care of the new owner, he said, that owner could have decided to euthanize the dog, when Gillespie was seeking its return.
No longer believing the dog can be recovered, Lang is asking for $1, 000 in punitive damages, saying Cuthbert has been “obstructionist” in the case so far.
The trial will take place Nov. 21.
Comments (6)
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Christina on Nov 16, 2016 at 7:45 pm
Why does it say it's between the RCMP, the courts and MAE BACHER ANIMAL SHELTER at the beginning of the article? When they have nothing to do with it? It's between the courts, the former owner and Any Domesticated Animal Rescue.
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Charles on Nov 8, 2016 at 4:08 pm
Looks as though the tooth fairy came to town. Picture of the dog in other paper shows dog came from Mae Bachur. Unless things have changed the adoption contract from there states an animal has to be returned to them if no longer wanted. Cuthbert would have known this & known the dog could not be surrendered to her. Breach of contract? Let's turn it into a 3 ring circus. Has anyone checked whether a missing dog report was filed wherever the dog was supposedly lost? Where's the paper work when dog went to Cuthbert; was it a surrender form or boarding contract? 'Dogs often escape when transported by car'??? Responsible action?
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Doug on Nov 7, 2016 at 10:38 pm
Why is this news?
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Josey Wales on Nov 7, 2016 at 9:35 pm
Oh yeah...forgot, too bad we do not put down violent humans when they bite unprovoked and with nefarious intent.
Hence the reference to Trevor the human, not nearly enough I might add.
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Josey Wales on Nov 7, 2016 at 9:32 pm
Gee ya think? I can assure ya'll if someone took either one of my bitches, I too would end up in court.
For far, far more serious charges most certainly.
Hence never letting them outta my sight...ever.
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June Jackson on Nov 7, 2016 at 4:27 pm
So..Emerald Gillespie was looking for a good home for her dog that was biting. Cuthbert found a home.
My question would be..how much money did Gillespie give Cuthbert to "board" the dog? If no money changed hands, and it doesn't mention any payments made for boarding, it would be reasonable to assume that the animal was surrendered. How long did Cuthbert have the dog without payment before what she considered to be a safe home was found?
I think its all about the money.. CSI..follow the evidence.