(Quebec) Waikiki was a beautiful young racing mare. “Was” because, an incurable genetic disease, she was euthanized. His fate has pitted before the court horsewoman and horseman.
A recent judgment of Charles G. Grenier J. of the Court of Quebec reminds us that the horse, beautiful animal as it remains a commodity, covered by the Consumer Protection Act.
Genevieve Tessier practice riding since the age of nine. She even had two horses and participated in several regional horse shows.
After putting that passion on hold, she started up with her three daughters in autumn 2010, in a stable of the South Shore.
A few months later she met Waikiki II, a Warmblood filly three years old. Thunderbolt for seasoned horsewoman.
Genevieve Tessier begins Waikiki rent, and after a thorough examination by a veterinarian specialized, buys the company Warmbloods P3R, specializing in the sale of this type of competition horses calm, the fluid look. Sale Price: 16 $ 392.50.
In spring 2011, the rider mounts Waikiki four or five times a week and participate in competitions.
In the summer, the rider finds his lethargic frame; the mare will lie down even during a competition. Blood tests show no anemia.
In February 2012, Waikiki is a sudden drop in full gallop. Genevieve Tessier was not hurt, but begins to worry about his horse. It mandates an equine veterinarian for more tests.
mare falls repeat. Waikiki has increasingly misaligned legs, pelvis which withdraws. Genevieve Tessier has to cancel his participation in a horse show in late summer 2012.
A specialist veterinary equine locomotor system multiplies exams and x-rays and comes to a diagnosis of wobbler syndrome, an incurable neurological disorder.
The veterinarian prohibited Genevieve Tessier and her children to ride Waikiki because of the risk of falls.
Despite infiltration vertebrae, Waikiki is doomed; it can not be competitive or become breeding mare, or even remain as a companion horse. Waikiki was euthanized on 14 December at the age of five and a half years.
Genevieve Tessier claimed to Warmbloods P3R cancel the sale and refund of the price paid for Waikiki, based on the legal guarantee of functioning of the goods sold due to the presence of a hidden defect affecting the horse at of the sale.
P3R for Warmbloods, Waikiki was a young mare quality, healthy when selling. The expert hired by the horse breeder said during the trial that the neurological disorder could not be shown because some extensive testing had not been made before the death of the mare. For this professor of equine sports medicine, which did not consider the mare, problems of Waikiki were related to conditions of use of the horse.
After hearing the evidence and received a veritable course of equestrian competition and horse health, Charles G. Grenier judge comes to the conclusion that the horse dealer has not satisfied that the purchaser had misused the property sold .
“Waikiki, for all its beauty and elegance, has proven to be simply unfit for use for which it was intended, or of the competition” hunting “and jump, and with respect, one could simply call of “lemon”, to use the popular expression, “wrote judge Grenier.
Warmbloods P3R will have to pay nearly $ 20,000 Genevieve Tessier to offset the purchase of the horse and the inconvenience suffered.