Pezzente v McClain 2005 BCPC 352

The claimant purchased a Samoyed puppy, Bear, from a breeder and subsequently spent over $10,000 on veterinary bills because of the puppy’s health problems. She sought to have the breeder reimburse her for these expenses and sued for breach of warranty. The defendant argued that the money spent by the plaintiff surpassed the commercial value of the dog.

In allowing the action, the BC Provincial Court agreed with the defendant that the damages should not exceed the cost of the dog. The Court ordered the breeder to refund the $350 paid for the purchase of Bear, or to replace Bear with another puppy.

Source: Case Law

Jurisdiction: British Columbia

Topics: Bear the Dogbreederscommercial valuedogskennelsmedical costmitigate lossSamoyedVeterinary BillsWarranties

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