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
More than 115 cases of eye damage reported in Ontario after solar eclipse
More than 115 people who viewed the solar eclipse in Ontario earlier this month experienced eye damage after the event, according to eye doctors in the province.
Toxic testing standoff: Family leaves house over air quality
A Sherwood Park family says their new house is uninhabitable. The McNaughton's say they were forced to leave the house after living there for only a week because contaminants inside made it difficult to breathe.
Decoy bear used to catch man who illegally killed a grizzly, B.C. conservation officers say
A man has been handed a lengthy hunting ban and fined thousands of dollars for illegally killing a grizzly bear, B.C. conservation officers say.
B.C. seeks ban on public drug use, dialing back decriminalization
The B.C. NDP has asked the federal government to recriminalize public drug use, marking a major shift in the province's approach to addressing the deadly overdose crisis.
OPP responds to apparent video of officer supporting anti-Trudeau government protestors
The Ontario Provincial Police (OPP) says it's investigating an interaction between a uniformed officer and anti-Trudeau government protestors after a video circulated on social media.
An emergency slide falls off a Delta Air Lines plane, forcing pilots to return to JFK in New York
An emergency slide fell off a Delta Air Lines jetliner shortly after takeoff Friday from New York, and pilots who felt a vibration in the plane circled back to land safely at JFK Airport.
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
Last letters of pioneering climber who died on Everest reveal dark side of mountaineering
George Mallory is renowned for being one of the first British mountaineers to attempt to scale the dizzying heights of Mount Everest during the 1920s. Nearly a century later, newly digitized letters shed light on Mallory’s hopes and fears about ascending Everest.
Loud boom in Hamilton caused by propane tank, police say
A loud explosion was heard across Hamilton on Friday after a propane tank was accidentally destroyed and detonated at a local scrap metal yard, police say.