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
Grandparents killed in wrong-way crash on Hwy. 401 identified
A 60-year-old man and a 55-year-old woman killed in a wrong-way crash on Highway 401 earlier this week have been identified by the Consulate General of India in Toronto.
Police arrest 3 Indian nationals in killing of B.C. Sikh activist Hardeep Singh Nijjar
Three people have been arrested and charged in the killing of B.C. Sikh activist Hardeep Singh Nijjar – as authorities continue investigating potential connections to the Indian government.
TD worst-case scenario more likely after drug money laundering allegations: analyst
TD Bank Group could be hit with more severe penalties than previously expected, says a banking analyst after a report that the investigation it faces in the U.S. is tied to laundering illicit fentanyl profits.
Human remains found in rural Sask. possibly a decade old, RCMP say
RCMP say human remains found in a rural area in central Saskatchewan may have been there for a decade or more.
2 charged after police find 'concerning and diverse' explosives at Manitoba home
Winnipeg police say they have arrested two people in their 20s after a large amount of explosives were found in a home outside of Winnipeg, Man.
Canadian doctor concerned new weight-loss drug Wegovy may be used inappropriately
As Wegovy becomes available to Canadians starting Monday, a medical expert is cautioning patients wanting to use the drug to lose weight that no medication is a ''magic bullet,' and the new medication is meant particularly for people who meet certain criteria related to obesity and weight.
Spain abolishes national bullfighting award in cultural shift
Spain scrapped an annual bullfighting award on Friday, prompting a rebuke from conservatives over a backlash against a centuries-old tradition they see as an art form but which has run into growing concern for animal welfare.
Drew Carey is never quitting 'The Price Is Right'
Drew Carey took over as host of 'The Price Is Right' and hopes he’s there for life. 'I'm not going anywhere,' he told 'Entertainment Tonight' of the job he took over from longtime host Bob Barker in 2007.
Police officer hit by driver of fleeing vehicle in Toronto
York Regional Police say they are continuing to search for a suspect in an auto theft investigation who was captured on video running over a police officer in Toronto last month.