Canadian man sues bird breeder for selling him a 'defective parrot'

Was he just pining for the fjords? Canadian man sues bird breeder for selling him a ‘defective parrot’ ill with a terminal disease in suit reminiscent of Monty Python’s famous ‘Dead Parrot Sketch’

  • A British Columbia resident sued another man for selling him a defective parrot – in a lawsuit reminiscent of Monty Python’s famous ‘Dead Parrot Sketch’
  • Michael Davy said he bought a male Electus Parrot named Tiberius from fellow Salt Spring Island resident Akhtar Kidwai in September last year for $2,100
  • When making the purchase, Davy said he noticed Tiberius was missing a few of its tail feathers, but the bird’s condition gradually started to worsen
  • He said he was told the bird was just molting, much like the shopkeeper’s excuses in the 1969 Monty Python skit about a parrot with ‘beautiful plumage’
  • Davy discovered less than a month later that Tiberius – who was meant to have a life expectancy of up to 40 years – actually had a terminal disease 

The famous saying ‘art imitates life’ came to a bizarre fruition in Canada this week after a British Columbia resident sued another man for selling him a defective parrot  in a suit reminiscent of one of Monty Python’s most famous sketches.

Michael Davy said he bought a male Electus Parrot named Tiberius from fellow Salt Spring Island resident Akhtar Kidwai in September last year for $2,100.

When making the purchase, Davy said he noticed Tiberius was missing a few of its tail feathers, but when the bird’s condition began to worsen he was told by the seller it was ‘only molting and had clipped wings but was otherwise healthy,’ documents from the tribunal show.

But much like the excuses offered in Monty Python’s 1969 ‘Dead Parrot Sketch’ – in which John Cleese confronts a shopkeeper for selling him a deceased Norwegian Blue – the plumage didn’t enter into it, nor was the bird just pining for the fjords. 

Michael Davy said he bought a male Electus Parrot named Tiberius from fellow Salt Spring Island resident Akhtar Kidwai in September last year for $2,100

The classic 1969 Dead Parrot Sketch featured a pet shop owner – played by Michael Palin –  offering  outlandish excuses after selling a dead bird to a customer played by John Cleese

Davy discovered less than a month later that Tiberius – who was meant to have a life expectancy of up to 40 years – actually had Psittacine Beak and Feather Disease (PBFD), a terminal disease putting Tiberius in danger of becoming an ‘ex-parrot’ in just a matter of weeks.

Davy then accused Kidwai of misrepresenting Tiberius’ health, claiming the seller knew the bird was ill with the highly infectious virus but failed to disclose the fact.

Kidwai, meanwhile, doubled down on his claims of innocence telling the tribunal that though he accepts the bird was missing feathers at the time of sale, he honestly thought it was just ‘due to molting’.

The seller denied having any knowledge the bird was ill and insisted the facility where Tiberius was kept was clean and no other birds on the premises had been infected with PBFD. 

Kidwai also said Davy conducted a thorough pre-purchase inspection of the bird and requested that Tiberius’ wings be clipped.

An aggrieved Davy sued Kidwai for $2,641, asking for a full refund for the purchase of the bird as well as an additional $561 in veterinary bills, claiming the seller fraudulently misrepresented the bird’s state.

While resolution tribunal member Julie Gibson said the accusation failed to meet the burden of proof, she did find a clause in British Columbia’s Sale of Goods Act that applied to the parrot’s purchase.

Michael Davy (above) discovered less than a month later that Tiberius – who was meant to have a life expectancy of up to 40 years – actually had Psittacine Beak and Feather Disease (PBFD), a fatal disease putting Tiberius in danger of becoming an ‘ex-parrot’ in just a matter of weeks

An aggrieved Davy sued Kidwai for $2,641, asking for a full refund for the purchase of the bird as well as an additional $561 in veterinary bills, claiming the seller made a fraudulent misrepresentation

While resolution tribunal member Julie Gibson said the accusation failed to meet the burden of proof, she did find a clause in British Columbia’s Sale of Goods Act that applied to the parrot’s purchase

According to Gibson, the law carries an ‘implied warranty [that a] good will be durable for a reasonable period having regard to the use to which it would normally be put and to all the surrounding circumstances.’

Considering Tiberius’ slated life expectancy, Gibson ruled that Davy had a right to expect Tiberius to be healthy for at least six months after buying the bird.

‘I find that there was an implied warranty in the parties’ contract that Tiberius would be healthy for at least six months,’ tribunal member Julie Gibson wrote, as first reported by CBC.

‘Instead, Tiberius became very ill within weeks of the applicant’s purchase,’ Gibson continued.

As Davy had found some ‘benefit’ from owning Tiberius, Gibson awarded him 75 percent of the original purchase price as a refund. She also ordered Kidwai to pay Tiberius’ veterinary bills, bringing the total amount of compensation up to $1,886.33.

The tribunal made no mention of Tiberius’ current state of health. 

Davy has not yet responded for a DailyMail.com request for comment. 

‘I was sold a parrot with a terminal illness,’ Davy told CBC of his experience. ‘Plain and simple.’

https://youtube.com/watch?v=vnciwwsvNcc%3Frel%3D0%26showinfo%3D1

 

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