Two Penticton residents are suing the BC SPCA over what they claim were a series of improper actions taken when impounding their dogs, but the SPCA plans to counter what they call “false allegations.” Madison Mallette and Tyler Mallete filed a lawsuit in Penticton District Court on Sept. 14, seeking about $35,000 in damages. The couple had four dogs, two adults and two puppies, that were seized on August 11, 2022, when they claim they were not at home. The lawsuit accuses the BC SPCA of failing to investigate allegations about the condition of their animals, failing to provide documentation about the seizure “in a timely manner,” falsifying documents about the animals’ health and withholding information about the animals for four days after the seizure . The Mallettes also allege that the BC SPCA failed to provide relief alleging “extensive medical and dental suffering” to the animals and that the Mallette family suffered “extensive physical and mental stress.” The Malettes are seeking $14,700 each for the adult animals — an Australian shepherd and a German shepherd — $1,000 for each puppy and $3,434 in lost wages for missing work “due to mental and physical distress.” The BC SPCA plans to fight the claims, which it calls “false,” in court. “These animals were seized out of concern and the owners surrendered them and then changed their minds and continued to come and go. We have to act in the best interests of the animals and that’s what we did in this situation.” reads a statement from Marcie Moriarty, BC SPCA head of prevention and enforcement. Neither claim by either party has yet been proven in court.
