Payout for emergency vet costs denied after dog apparently became sick from treats

Vancouver Christmas Market is seen in this 2021 photo. (Shutterstock)

Dog owners who claimed their pet required emergency veterinary care after eating a treat bought at the Vancouver Christmas Market won't receive a payout following a B.C. tribunal's decision.

The Civil Resolution Tribunal decision, posted online Thursday, outlined a dispute between the owners and a German food stand that also sold dog treats at the 2021 market. The owners bought their dog a pork hock bone and it "undisputedly fell ill and was diagnosed with bone fragments in its small intestine," the decision said.

The owners claimed just over $2,000 through CRT to cover vet costs and the distress experienced, alleging the market stand was "negligent and falsely advertised the bone was safe for dogs." The business, however, said it was the owners' responsibility to ensure the treats were safe.

In her decision, tribunal vice-chair Shelley Lopez wrote the issue was whether the market stand was negligent or in breach of contract for selling the bones. Lopez said her decision was made based on the balance of probabilities, meaning one scenario was more likely than not.

Lopez said the two parties agree there was a sign posted at the stand with "a caricature of a smiling dog with a bone in its mouth." The sign read, "Do you want to see your dog this happy? If your answer is YES take a doggie bone home."

The sign also said the bones were $2.50 each.

"Based on the signage, I find (the business) advertised the leftover pork bones as being suitable for dogs," Lopez wrote.

"(The business) admits this, and says it did so mistakenly based on its past experience of receiving many customer requests for the bones for their dogs. However, I do not find the ad went so far as to expressly advertise the bones were safe for dogs."

Lopez explained the dog owners are responsible for proving the company breached a standard of care. To do that, they must also prove the pork bone "was in fact inherently unsafe for dogs, as opposed to their dog’s injuries being the result of an unfortunate accident."

"The difficulty … is that while they say their veterinarian stated that the pork bone was not safe for dogs, none of the invoices or veterinarian notes in evidence say this," Lopez's decision said.

"I accept that the pork bone fragmented and the splinters caused the dog’s internal injuries. However, I am unable to conclude from the veterinarian records that pork bones are unsafe for dogs just because the … dog sustained an injury from chewing on such a bone."

As a result, Lopez determined the owners failed to prove the company breached the standard of care because they weren't able to prove the bone wasn't safe for dogs. The owners' claim was dismissed.

The American Kennel Club advises dog owners not to share pork bones with their pets. The AKC recommends giving dogs large cow or bison bones, but only if uncooked, to decrease the potential for splintering. 

CTV News Vancouver has reached out to the business for comment. The CRT decision said the business voluntarily agreed to no longer sell the pork hocks as dog bones.