Dog custody dispute between B.C. exes highlights complexity of proving ownership
A B.C. woman has been ordered to return a dog she says she received as a gift through a verbal agreement and repay hundreds of dollars for a pet deposit.
The ownership dispute, outlined in a recent B.C. Civil Resolution Tribunal decision, was between two parties who disagreed about who owned a Rottweiler named Onyxia.
The decision explained Elaine Hughes and Philip Arnold, who were in a relationship and bought Onyxia together in 2017, believed they had joint ownership of the dog. However, Lori Arscott, who was later in a relationship with Arnold until 2021, claimed Onyxia was gifted to her.
"I accept that all parties are emotionally attached to Onyxia," wrote Andrea Ritchie in her decision. "However, the law treats pets as personal property, rather than family members."
Ritchie explained both Arnold and Hughes agreed Onyxia would be shared between the two of them after the end of their relationship. But Arscott said she didn't know about this arrangement "before Onyxia was allegedly gifted" to her.
Ritchie said all three contributed to caring for Onyxia, both physically and financially, until February 2021.
"On Feb. 16, 2021, Mr. Arnold asked for Onyxia, and Ms. Arscott declined to give Onyxia to him. Ms. Hughes and Mr. Arnold have been denied access to Onyxia since this date," Ritchie wrote.
"Mr. Arnold and Ms. Hughes seek an order that Ms. Arscott return Onyxia to them, because they say they are the dog’s rightful owners."
The tribunal heard both Arnold and Arscott disagreed over whether Onyxia was ever permanently gifted to Arscott, who claimed this was arranged through a verbal agreement. However, Ritchie determined there was no evidence to prove that conversation happened.
In CRT submissions, those making a claim must prove it on a balance of probabilities.
"Although all parties contributed to Onyxia’s care over the years, I find Ms. Hughes and Mr. Arnold have a stronger ownership claim over her, as they have remained intimately involved in her care and expenses," Ritchie wrote.
"I order Ms. Arscott to return the dog to Ms. Hughes and Mr. Arnold."
Arscott was also ordered to pay nearly $1,000 for CRT fees, a pet deposit covered by Arnold and applicable interest. Ritchie ruled Arscott wasn't entitled to any expenses because "all three parties contributed to Onyxia's care."
Arscott was ordered to return Onyxia to Arnold and Hughes within 30 days.
CTVNews.ca Top Stories
NDP motion regarding Palestinian statehood passes after major Liberal alterations
A motion from the federal New Democrats initially calling on Canada to recognize the 'State of Palestine' passed amid widespread acrimony on Monday, after the Liberals drastically altered its wording to see the government simply work towards that aim as part of a two-state solution.
'He didn't want to die': Family of Calgary man killed in standoff speaks out
Family of a Calgary man killed after a 30-hour standoff with police last week are speaking out, sharing details of the tense and heart-wrenching experience.
Toronto family doctor who called patient's body 'perfect' suspended for 3 months: tribunal
A family doctor in Toronto has been suspended for three months after a disciplinary tribunal found that he failed to follow proper protocols while examining a patient's breasts and made inappropriate comments about her body.
Ohio mom who left toddler alone 10 days when she went on vacation pleads guilty to aggravated murder
An Ohio mother whose 16-month-old daughter died after being left home alone in a playpen for 10 days last summer while she went on vacation was sentenced Monday to life in prison with no chance of parole.
Retired teacher pleads guilty to paying for sex with 15-year-old in Collingwood, Ont.
In a Barrie courtroom on Monday, a retired high school teacher from the Niagara Region pleaded guilty to sexual touching and obtaining sexual services from a 15-year-old boy in Collingwood in 2021.
Hertz CEO out following electric car 'horror show'
The company, which announced in January it was selling 20,000 of the electric vehicles in its fleet, or about a third of the EVs it owned, is now replacing the CEO who helped build up that fleet, giving it the company’s fifth boss in just four years.
5 charged in Calgary kidnappings that targeted women
Calgary police have charged five men in a pair of kidnappings last year that targeted innocent victims.
Demand soars for solar eclipse glasses in Canada. Are they worth buying?
The demand for total solar eclipse glasses used to safely view the rare celestial event has been ramping up as sellers, along with astronomy and eye-care experts in Canada, warn that viewing the eclipse with the naked eye is dangerous.
Canadian commander of volunteer fighter group dies in Ukraine
A Canadian-born commander of the so-called Norman Brigade, a volunteer fighting group in Ukraine, has died.