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
'They needed people inside Air Canada:' Police announce arrests in Pearson gold heist
Police say one former and one current employee of Air Canada are among the nine suspects that are facing charges in connection with the gold heist at Pearson International Airport last year.
Why drivers in Eastern Canada could see big gas price spikes, and other Canadians won't
Drivers in Eastern Canada face a big increase in gas prices because of various factors, especially the higher cost of the summer blend, industry analysts say.
Trump lawyers say Stormy Daniels refused subpoena outside a Brooklyn bar, papers left 'at her feet'
Donald Trump's legal team says it tried serving Stormy Daniels a subpoena as she arrived for an event at a bar in Brooklyn last month, but the porn actor, who is expected to be a witness at the former president's criminal trial, refused to take it and walked away.
Woman who pressured boyfriend to kill his ex in 2000s granted absences from prison
A woman who pressured her boyfriend into killing his teenage ex more than a decade ago will be allowed to leave prison for weeks at a time.
Customers disappointed after email listing $60K Tim Hortons prize sent in error
Several Tim Horton’s customers are feeling great disappointment after being told by the company that an email stating they won a boat worth nearly $60,000 was sent in error.
Toronto Raptors player Jontay Porter banned from NBA
Toronto Raptors player Jontay Porter has been handed a lifetime ban from The National Basketball Association (NBA) following an investigation which found he disclosed confidential information to sports bettors, the league says.
House admonishes ArriveCan contractor in rare parliamentary show of power
MPs enacted an extraordinary, rarely used parliamentary power on Wednesday, summonsing an ArriveCan contractor to appear before the House of Commons where he was admonished publicly and forced to provide answers to the questions MPs said he'd previously evaded.
Attempt to have murder charge quashed against alleged serial killer dismissed by judge
A motion filed by the man accused of killing four Indigenous women in Winnipeg to have one of those murder charges quashed has been dismissed by the judge – weeks before the start of his trial.
'A living nightmare': Winnipeg woman sentenced following campaign of harassment against man after online date
A Winnipeg woman was sentenced to house arrest after a single date with a man she met online culminated in her harassing him for years, and spurred false allegations which resulted in the innocent man being arrested three times.