WINNIPEG - It's the case of the man who died without a legal will and a battle over Duke, his pot-addicted Rottweiler.
It began Jan. 21 when a 45-year-old disabled man died of natural causes in his Winnipeg home. He lived alone with his Rottweiler, Duke, whom he adopted five years ago from a rescue shelter operated by Richard Pinder, north of the city in St. Clements, Man.
The City of Winnipeg's animal services agency collected Duke and a day later released him to a woman, who is a cousin of the deceased.
Pinder says he has a legal contract, as with all dogs he places for adoption, stating he remains a co-owner of Duke and the dog must be returned to him should the owner no longer be able to provide care.
The city erred in releasing the dog to the relative and not contacting him, Pinder claims.
Animal services staff should have checked the dog's tattoo, he says, adding that would have alerted them as to where the dog should have gone.
"I don't know how they could turn the dog over to (the relative) because the dog wasn't updated on any of its vaccinations," he said.
"I want that dog back. Legally, the dog is mine."
Giving pets of deceased owners to other family members is typical, says Alissa Clark, City of Winnipeg Corporate Communications.
"In situations where owners of pets have passed away and the Animal Services Agency becomes involved, the typical practice is for the agency to place orphaned dogs with next of kin where possible," said Clark.
"They've washed their hands of it," he said with a tone of frustration.
Pinder said he was also called by the woman who has Duke, but it didn't go well. She will only turn Duke over if he pays her $250, said Pinder, who is retired and caring for 15 dogs on his own.
Before we go any further, I'll point out I happen to know Pinder personally. My wife and I adopted a Rottweiler pup from him 10 years ago.
I recall Pinder being quite clear -- verbally and in writing -- our dog must be returned to him should we ever be unable to care for him.
This is a common practice among breeders. It was the same case with our previous Rottweiler from a breeder in 1996 as well as with our daughter's pug, which came from a rescue group.
But are these contracts worth the paper on which they're written?
A lawyer told Pinder his contract "is 99% air tight" and he said he'll prove it if the woman persists in keeping Duke.
Meanwhile, he's concerned Duke will need special care because of his pot addiction. Duke's owner, who had several health issues, frequently smoked pot.
Duke will also be mourning his owner's death, he said.
"This dog has two strikes against him," said Pinder, who has taken in almost 900 dogs in 12 years, including five that were present during murders and suicides.
"I took one in quite a few years ago that was addicted to pot," he said. "I had to treat him in a different manner until it was out of his system.
"I'm afraid that if Duke isn't handled with kid gloves, he could go through withdrawal and maybe bite somebody."
If that happened, well, Pinder knows all too well what could become of Duke if he was deemed a dangerous dog.
"It gets down to the safety and the well-being of the dog. I'll go to the end of the world to save a Rottie," said Pinder, who still has Duke's mother and one of his litter mates.
"I think (animal services) realizes the mistake they made ... but because one of their employees erred, they are reluctant to reclaim the dog."
It began Jan. 21 when a 45-year-old disabled man died of natural causes in his Winnipeg home. He lived alone with his Rottweiler, Duke, whom he adopted five years ago from a rescue shelter operated by Richard Pinder, north of the city in St. Clements, Man.
The City of Winnipeg's animal services agency collected Duke and a day later released him to a woman, who is a cousin of the deceased.
Pinder says he has a legal contract, as with all dogs he places for adoption, stating he remains a co-owner of Duke and the dog must be returned to him should the owner no longer be able to provide care.
The city erred in releasing the dog to the relative and not contacting him, Pinder claims.
Animal services staff should have checked the dog's tattoo, he says, adding that would have alerted them as to where the dog should have gone.
"I don't know how they could turn the dog over to (the relative) because the dog wasn't updated on any of its vaccinations," he said.
"I want that dog back. Legally, the dog is mine."
Giving pets of deceased owners to other family members is typical, says Alissa Clark, City of Winnipeg Corporate Communications.
"In situations where owners of pets have passed away and the Animal Services Agency becomes involved, the typical practice is for the agency to place orphaned dogs with next of kin where possible," said Clark.
"They've washed their hands of it," he said with a tone of frustration.
Pinder said he was also called by the woman who has Duke, but it didn't go well. She will only turn Duke over if he pays her $250, said Pinder, who is retired and caring for 15 dogs on his own.
Before we go any further, I'll point out I happen to know Pinder personally. My wife and I adopted a Rottweiler pup from him 10 years ago.
I recall Pinder being quite clear -- verbally and in writing -- our dog must be returned to him should we ever be unable to care for him.
This is a common practice among breeders. It was the same case with our previous Rottweiler from a breeder in 1996 as well as with our daughter's pug, which came from a rescue group.
But are these contracts worth the paper on which they're written?
A lawyer told Pinder his contract "is 99% air tight" and he said he'll prove it if the woman persists in keeping Duke.
Meanwhile, he's concerned Duke will need special care because of his pot addiction. Duke's owner, who had several health issues, frequently smoked pot.
Duke will also be mourning his owner's death, he said.
"This dog has two strikes against him," said Pinder, who has taken in almost 900 dogs in 12 years, including five that were present during murders and suicides.
"I took one in quite a few years ago that was addicted to pot," he said. "I had to treat him in a different manner until it was out of his system.
"I'm afraid that if Duke isn't handled with kid gloves, he could go through withdrawal and maybe bite somebody."
If that happened, well, Pinder knows all too well what could become of Duke if he was deemed a dangerous dog.
"It gets down to the safety and the well-being of the dog. I'll go to the end of the world to save a Rottie," said Pinder, who still has Duke's mother and one of his litter mates.
"I think (animal services) realizes the mistake they made ... but because one of their employees erred, they are reluctant to reclaim the dog."
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