A B.C. woman who purchased a nine-year-old thoroughbred mare that was euthanized two days after she received it has lost her bid to recoup her financial losses.
A July 4 said Trudy Lancelyn purchased Leading Lady from Rebeka Kennedy, for $6,500.
However, Lady suddenly suffered colic and was euthanized.
Lancelyn told tribunal member Kristin Gardner that Kennedy misrepresented Lady as healthy and breached the Sale of Goods Act.
Lancelyn claimed that, in addition to Lady’s purchase price, she incurred $2,000 in transportation costs and vet bills.
Kennedy, however, denied misrepresenting Lady’s health and said she had no knowledge of the medical condition that ultimately led to the horse's death.
Kennedy said Lancelyn bought Lady “as is” and declined a pre-purchase vet inspection. As such, she said, Lancelyn is not entitled to a refund or other damages.
The case
Gardner said Kennedy advertised Lady for sale on Facebook. Lancelyn responded to the ad on July 28, 2022.
During a Facebook Messenger exchange, Lancelyn said Lady appeared thin in the photos. She told the tribunal she asked about any health issues. Kennedy confirmed Lady had no health problems, and that Lady was just a “harder keeper,” which Lancelyn and Kennedy agreed meant “picky eater.”
Lancelyn travelled to the Okanagan from the Lower Mainland to see and ride Lady on Aug. 8, 2022. She gave Kennedy $650 as a 10% deposit on Lady’s purchase price during that visit.
Kennedy drafted an Equine Bill of Sale (contract) dated Aug. 12, 2022, which the parties exchanged electronically and each undisputedly signed on Aug. 17.
That same day, Lancelyn also completed payment of the agreed $6,500 purchase price.
Gardner said the contract expressly stated that Lancelyn did not need a health check and was purchasing Lady “as is.”
“It also stated that Ms. Lancelyn waived her right to inspect the horse and would not hold Ms. Kennedy liable for any claims after the date of sale,” Gardner said.
Lady arrived in the Lower Mainland on Aug. 19, 2022. The next day, however, Lancelyn said Lady showed signs of discomfort.
Lancelyn texted Kennedy that day saying Lady had “colicked” and asked if there was anything in Lady’s history that might explain her condition. Kennedy responded that Lady had never had colic or any other gut issues.
Lady was euthanized the following morning after her condition failed to improve.
A vet’s post-mortem examination found Lady had a twisted small intestine, which she stated was a fatal condition without surgery. The vet also found Lady showed signs of poor nutrition and very poor foot health.
The vet also said it was unclear whether a prior intestine condition contributed to the twisted intestine that led to Lady’s death.
“I find Ms. Lancelyn was aware of those issues before the purchase, and that they did not likely contribute to the decision to euthanize Lady,” Gardner said.
Still, Lancelyn admitted that Kennedy was likely unaware of the twisted intestine condition and that a pre-sale veterinary examination would not have revealed that issue.
Given the evidence before her, Gardner dismissed the claim.
"I find that Ms. Kennedy did not misrepresent Lady’s condition as healthy before Ms. Lancelyn purchased her,” Gardner said. “So, I find that Ms. Lancelyn has not established that Ms. Kennedy is responsible for providing her with any refund or expense reimbursement.”
