Dollarama not on the hook for $3,400 vet bill after birdseed allegedly sickens dog: tribunal

A shopping cart is seen in an aisle of a Dollarama store in Montreal, Wednesday, June 7, 2023. THE CANADIAN PRESS/Christinne Muschi

A woman who faced a hefty vet bill after her dog allegedly got sick from eating birdseed from a feeder purchased at Dollarama has lost her bid to be compensated by the discount retail giant.

B.C.’s Civil Resolution Tribunal published a decision on the dispute online last week, outlining the reasons why Dollarama was not negligent and dismissing the dog-owner’s claim

The woman purchased a bird seed bell in the fall of 2024, the decision said.

“She says she hung the bell in a tree, and that as the birds pecked at it, some pieces broke off and fell to the ground. Her dog, Angus, ate the birdseed on the ground,” tribunal member Deanna Rivers wrote.

“Veterinary records show that she brought Angus to the veterinarian because he was vomiting birdseed.”

The pup was kept over night for treatment of gastroenteritis and released the next day, and the owner was handed an invoice for $3,443.41.

‘Duty to warn’

The owner told the tribunal the product she purchased had no warning about a potential danger to pets, according to the decision.

“A photograph of the packaging shows the product name, ingredients, and directions for hanging. I agree that it does not say it is unsafe for dogs,” Rivers wrote.

The tribunal’s decision explained that, legally, there are only certain circumstances in which a retailer can be held liable for damages caused by a product it sold.

“Retailers are not required to open and inspect goods sold to them already packaged. There is no indication that Dollarama manufactured the bell,” Rivers wrote.

“Unless there is an independent reason to suspect danger, the retailer is not expected to know more about the product’s potential dangers than what the manufacturer communicates on the label.”

In this case, there was nothing to suggest that Dollarama had any reason to suspect any issues with the product or any “duty to warn” the dog owner, the decision said.

The tribunal did not make a determination on whether the bird bell purchased at Dollarama caused the dog’s illness.