Judge rejects owner’s plea for Harry’s return

Hey there, time traveller!
This article was published 17/04/2018 (2197 days ago), so information in it may no longer be current.

The law leaves no room for emotion as a court battle over a rescue dog continues, a Manitoba judge has ruled.

Court of Queen’s Bench Justice Robert Dewar dismissed an urgent request for an interim injunction that would have returned Harry, a hairless border collie mix, to his adopted owner while a lawsuit involving a not-for-profit animal rescue agency works its way through court.

“One does not have to go far to see in life that many people treat their pets like children. They are loved, they are protected, and they are enjoyed. The law, however, does not treat pets like children,” Dewar said in his decision, issued March 22. Except for Manitoba’s Animal Care Act, which deals with animals in distress, “the law treats a pet as a chattel, and, more specifically, like livestock,” Dewar said.

He decided Harry was a “working dog” rather than a house pet because he lived at a 24/7 animal daycare in Winnipeg, the Pawsh Dog. Harry’s owner, Laurel Fletcher, who owns the Pawsh Dog, appeared to have more of a “commercial attachment” to Harry than an emotional one, Dewar said, so any loss she suffered by not having Harry at the business could potentially be repaid financially.

“Although I accept that they have a fondness for Harry, the fact is that he was not a house dog. He was a working dog. The close attachment that one might have to a dog in their home on a daily basis simply does not appear to exist,” Dewar said in his decision, deciding there was no “irreparable harm” to warrant the injunction.

The decision means that for now, Harry will remain in the care of Hull’s Haven Border Collie Rescue, the non-profit agency that rescued the dog from the U.S. and authorized his adoption to Fletcher five years ago.

Harry’s living arrangements became a legal issue after Hull’s Haven executive director Sally Hull took the dog back into the agency’s care last August, over concerns about its well-being. She allegedly circulated a Facebook post that sought donations on the dog’s behalf and portrayed him as having been neglected. A photo of Harry included in the post showed the dog with a wound to his ear.

Hull argued in court that Harry was voluntarily surrendered to her by Fletcher’s husband. She argued Harry’s adoption agreement had been violated because the dog was being kept at the Pawsh Dog instead of in a home. Hull has maintained she was acting in Harry’s best interest when she took the dog back.

Evidence of neglect is “inconclusive,” Dewar said, noting a veterinarian’s report described Harry as healthy overall — “just dirty teeth” — a day before the dog was taken back into the care of Hull’s Haven. It will be “an uphill battle” to establish Harry was neglected, the judge said, describing Hull’s conduct as “more aggressive than it needed to be.”

In affidavits filed in court, including from a former Pawsh Dog employee, individuals expressed concerns about the care Harry was receiving at the facility. The judge noted none of the concerns came from an animal services officer or anyone who had authority under the Animal Care Act.

“I have discounted a significant portion of those affidavits because in some respects they appear to be fuelled by personal animosity towards Ms. Fletcher,” he said.

The case is expected to head to trial over the defamation allegations, said Fletcher’s lawyer, Troy Harwood-Jones.

He said a “mob-like mentality” among Hull’s Haven supporters led to an online smear campaign against his client after Hull’s Facebook post about Harry last year. He said Fletcher initially tried to avoid a legal battle before going ahead with the lawsuit.

“What this case is about is that someone can go on Facebook and set out to destroy someone else’s reputation and character for personal profit,” Harwood-Jones said.

“The courts have been clear in several other jurisdictions that there are significant financial consequences for conduct like that. And I am hoping, for my client, that this case will be that case in Manitoba, where the courts will say, with a large financial award of damages for the Pawsh Dog, that… this intentional smearing of my client’s name is unacceptable conduct and it needs to be rectified in damages.”

In an email to the Free Press, Hull said she’s grateful the judge decided to allow Harry to remain in the rescue’s care while the court process continues. Harry lives in a foster home “where he is doted upon,” she said. She estimated her legal bills could have paid for basic veterinary services for 200 dogs.

“A not-for-profit that serves the community should not have to expend finances, time and mental and emotional stress in a legal battle fighting for the best interests of one dog. However, that is our mandate, to protect the dogs that cross our threshold to the end of their lives,” she wrote.

“What we are hoping is that, in long run, it will be worth it, and perhaps set a precedent for other rescues to protect their adopted animals, and validate the adoption contracts that reputable rescue groups require.”

katie.may@freepress.mb.ca Twitter: @thatkatiemay