Winnipeg judicial officer finds 'substantial grounds' rescue dog 'unlawfully taken' from couple

A Winnipeg couple has won the right to have their dog returned to them in advance of a trial to examine whether the rescue agency they got it from had the right to reclaim it.  
 

Barbara Rudiak and Kevin Jardine launched a lawsuit this year against Before The Bridge Senior K9 Rescue, where they adopted their dachshund Nicolas from in 2018.

The agency reclaimed the dog after allegations surfaced it was twice bitten by another of the couple's dogs, Jazz, while they were away on vacation in February and a friend was caring for it.

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Before the Bridge took the dog back despite the fact Rudiak and Jardine arranged for Jazz to live at another home nearly immediately after the concerns arose.

A judicial officer of Manitoba's Court of Queen's Bench ruled this week Before the Bridge must give Nicolas back to Rudiak and Jardine by Aug. 16, pending the outcome of a full-blown trial.

"I am satisfied that [they] have established substantial grounds for their claim that Nicolas was unlawfully taken," Master Jennifer Goldenberg wrote in a 39-page pre-trial motions decision released Friday.

"I find the decision to repossess Nicolas seems particularly unreasonable given that [Rudiak and Jardine] rehomed Jazz thereby alleviating 100 per cent of the only concern [Before the Bridge] said they actually had," Goldenberg said. 

Jardine told CBC on Saturday Goldenberg's decision was "huge" for the couple.

"I had to sit down … it was obviously a big moment for us. [We're] obviously happy and elated."

Nicolas, however, had yet to be returned and Jardine said he and his wife were curious to see if there will be an appeal for a stay of Goldenberg's decision. Under Manitoba Court of Queen's Bench rules, Goldenberg's decision can be appealed but any efforts to introduce new evidence mut be approved by a QB judge. 

The case has taken a toll beyond not being able to see and care for Nicolas, Jardine said.

"We always prided ourselves on being good dog parents and that's why we've adopted some dogs with difficulties, or disabilities," he said. "We're capable of caring for them and we love them …

"That hurt, almost as much as losing Nicolas, was to have people that we know, people that we trusted with our dogs, say otherwise."

No trial dates have been set.