A Kilburn couple operating Chapman Kennels on Kilburn Road near Perth-Andover pleaded not guilty August 5 in Grand Falls court to a charge under the Society for Prevention of Cruelty to Animals Act of failing to provide adequate care to four dogs.

Noemi Chapman pleaded not guilty to failing to provide adequate care to three Dachshund pups and one Maltese mix adult dog on March 25 in Kilburn, and also pleaded not guilty to the same charge on behalf of Harry Chapman.

A trial date was set for Nov. 28. The SPCA and RCMP are still investigating the licensed kennel and further charges are possible.

Update 9/23/08:  Operators of a Kilburn dog kennel–who stand accused under the Society for Prevention of Cruelty to Animals Act of failing to provide adequate care to several puppies - are also being sued by two Nova Scotia dog sellers who say they bought puppies from Chapman Kennels and resold them, only to see most of them die.

Gail Benoit and Dana Bailey, who operate Puppies R Us out of Digby, Nova Scotia, in a claim filed in Woodstock court, allege that Harry and Esther Noemi Chapman of Chapman Kennels, located at 85 Kilburn Road, Perth-Andover, sold them 27 puppies, 22 of which died almost immediately.

The puppy deaths created a stir in Nova Scotia recently when the purchaser of a Dachshund puppy in Bible Hill, Nova Scotia spoke out after her puppy died within hours of buying it from Benoit in a parking lot.

Several other purchasers also came forward. At least three of the puppies died of the highly contagious parvovirus, according to the Nova Scotia SPCA.

Benoit and Bailey are facing their own animal cruelty-related charges after the Nova Scotia SPCA seized 10 animals from their home October 2007 (see casefile).

Benoit and Bailey are seeking $6,000 in damages from the Chapman's, plus $200 in court costs. Bailey writes, in her claim filed in Small Claims Court, that “this is a very serious matter. I purchased 27 puppies from these people, the Chapman Kennels, out of all of them only 5 survived. Leaving me in a great deal of debt now, with people I have sold puppies to. Not to mention a ‘very bad’ name!”

Chapman Kennels, meanwhile, is counter suing for $6,000, claiming Benoit and Bailey have damaged their reputations and business.

In court documents, Harry Chapman says Benoit was “told if (she) did not take (the) mother, where (the) puppies were so young, their would be no guarantee. She was told they would probably die from stress-related illness. She said ‘I have 20 years experience, I know what I am doing.’ My wife said ‘in that case I will let them go. But I do not want to hear from you again.  Gail Benoit did not even want a receipt. When (the) RCMP tried to reach her at the number she left with my wife, it had been disconnected, two weeks later because of threats on the phone. Because of Gail Benoit and Dana Bailey’s false allegations on television and on the computer, my wife’s business has lost at least $6,000.”

The case will be heard by an adjudicator in Woodstock court Sept. 25. The Chapman’s meanwhile face trial on the SPCA Act charges Nov. 28 in Grand Falls court.

Update 10/14/08:  A lawsuit, filed by Benoit & Bailey has been dismissed.

Chapman Kennels— which according to court documents is a large kennel licensed by the Dept. of Environment, with customers including a national chain retailer of small dogs—counter sued Benoit and Bailey for $6,000 in Small Claims Court in Woodstock, claiming the duo tarnished the company’s reputation in the Nova Scotia media.

Benoit and Bailey allege that the highly contagious parvovirus caused the deaths of the puppies, but adjudicator Graeme Shaw wrote in his decision that no scientific or other evidence was offered to support that claim.

Nova Scotia media have reported that at least three of the puppies, which died after being sold to various buyers, had the virus according to the Nova Scotia SPCA.

In court documents, Benoit and Bailey claimed they purchased the 27 puppies on July 9, 2008 for $3,750 and were told “most of the puppies had been weaned.”

Esther Chapman countered that Benoit was told that none of the puppies had been weaned, but Benoit still insisted on taking them, saying she wanted “very young” puppies which would be attractive for resale.

Chapman said Benoit told her that she and Bailey were experienced puppy brokers and would nurse the puppies with formula and pabulum if necessary.

Benoit and Bailey had also claimed that Chapman Kennels refused to sign a receipt, but the Chapman's produced a receipt for $3,690 during the hearing.

The adjudicator dismissed Bailey and Benoit’s claim, citing a lack of evidence to support their claims.

The Chapman’s counterclaim that Bailey and Benoit damaged their reputations in comments to the media was also dismissed. The adjudicator wrote that he viewed CTV News footage presented as evidence, but found nothing “actionable” in the comments.

Chapman said the kennel has been in business since 2003 and has sold about 150 dogs with no previous complaints. He says the puppies sold to Benoit could have contracted parvovirus while in Benoit’s care. “If she put them in cages with other animals… She’s the one with the parvovirus, not us.”

Chapman said his wife regrets selling the puppies to Benoit now, but felt she had little choice. After the SPCA seized some puppies and laid a charge against them, their market dried up. The kennel is currently closed.

“The company that my wife sold the dogs to weren’t going to buy puppies. She had around 425 dogs here and no market for them.”

Chapman said they’ve had to sell the remaining dogs at reduced prices, or give them away, and euthanized about 175 of them.