B.C.'s Civil Resolution Tribunal has ordered a cat breeder to pay a man $2,100 after he decided he wanted a refund for Mango the ragdoll kitten.
In his March 19 decision, tribunal member Christopher Rivers said Zhekai Zhang agreed to purchase Mango from Xu Jing, who does business as Cream Cake Ragdoll Cattery, after seeing a Kiji ad.
The tribunal documents said Zhang e-transferred Jing $2,100 for Mango.
Three days later, Zhang told Jing he wanted to cancel the purchase.
Jing, however, said they suspected Zhang was trying to defraud them. Jing refused to return the money, later saying it was a breach of contract.
“The respondent undisputedly never gave Mango to the applicant,” Rivers said.
The tribunal said while the ad was listed in Vancouver’s Kijiji marketplace, Jing’s documents show they are located in Quebec.
Rivers said that, under B.C.’s Business Practices and Consumer Protection Act, Zhang is the consumer and Jing the supplier.
“I find the purchase of Mango is a consumer transaction,” Rivers said. “So, since the applicant entered into the contract online, and never saw Mango in person, I find the agreement to purchase Mango is a distances sales contract.”
Jing said they have suffered a loss from Zhang’s alleged breach of contract.
“While they say they are willing to give the applicant a refund, their submissions are inconsistent and unclear,” the tribunal ruled.
Rivers said Zhang was entitled to cancel the contract and also entitled to the $2,100.
