B.C.’s Civil Resolution Tribunal has dismissed a couple’s claim for compensation for vet bills resulting from allegations their dog needed emergency care after eating treats bought at a Vancouver Christmas market.
Brandon Wong and Carolyn Wong said Yummy Foodies Mobile Food Ltd. operated as Haxen Haus at the December 2021 Vancouver Christmas Market. The Wongs said Yummy was selling pork hocks and had a sign saying they were selling bones for dogs as treats.
So, they bought their dog a bone.
However, the dog undisputedly fell ill and was diagnosed with bone fragments in its small intestine.
The Wongs told tribunal vice-chair Shelley Lopez that their vet said a pork bone was not safe for dogs.
In going to the tribunal, the Wongs claimed $1,510 for emergency veterinary treatment and $500 for their family and dog’s emotional and physical distress and inconvenience.
They alleged Yummy was negligent and falsely advertised the bone was safe for dogs. They also sought an order that Yummy stop advertising cooked pork hock bones as dog treats.
Yummy, however, said that based on past requests for the bones, it understood it was safe to sell the bones as dog bones. The company said the onus was on the dog’s owners to ensure its food was safe for consumption.
Yummy did, though, agree to no longer sell pork hocks as dog bones.
In dismissing the case, Lopez said: “I accept that the Wongs’ dog became ill and required emergency treatment as a result of ingesting fragments or splinters of the pork bone. However, that does not necessarily mean the Wongs have proven negligence or a breach of contract.”
Lopez was clear in finding ”Yummy undisputedly owed its customers a duty of care with respect to the products Yummy sold.”
But, Lopez explained, to establish a breach of the standard of care, the Wongs had to prove it was wrong for Yummy to sell pork bones as dog treats.
“I am unable to conclude from the veterinarian records that pork bones are unsafe for dogs just because the Wongs’ dog sustained an injury from chewing on such a bone,” Lopez said.
She said expert evidence would have been needed to prove the safety issue.
