KELOWNA, B.C. - Diesel the dog has been spared, but it won't be going back home to its owner in Peachland, B.C.

A B.C. Supreme Court judge has overturned an order that the German shepherd cross be destroyed because it's too aggressive.

Diesel's owner, Dave Smith, says he's happy the order has been reversed, but he notes the dog won't be returned to him, saying a decision will be made next week about where his pet goes next.

The Central Okanagan Regional District has spent an estimated $100,000 keeping Diesel in the pound since it was seized two years ago for biting another dog, and a lower court judge ordered the animal destroyed, saying it was likely to injure or kill in future.

The judge also criticized Smith as an irresponsible owner for being cited 13 times over four years for failing to control his aggressive pet. (CKFR)

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