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
BREAKING Ontario Provincial Police arrest 64 suspects in child sexual exploitation investigation
Ontario Provincial Police say 64 suspects are facing a combined 348 charges in connection with a series of child sexual exploitation investigations that spanned the province.
AstraZeneca says it will withdraw COVID-19 vaccine globally as demand dips
AstraZeneca said on Tuesday it had initiated the worldwide withdrawal of its COVID-19 vaccine due to a 'surplus of available updated vaccines' since the pandemic.
Toronto police seek suspect vehicle after security guard shot outside Drake's mansion
Toronto police are seeking help from the public as they continue to investigate a shooting that seriously injured a security guard outside rapper Drake's mansion.
World's record-breaking hot temperature streak stretches through April
The world just experienced its hottest April on record, extending an 11-month streak in which every month set a temperature record, the European Union's climate change monitoring service said on Wednesday.
Most of Canada to receive emergency alert test today
The federal government will test its capacity to issue emergency alerts today, with the exception of Ontario, where the test will take place on May 15.
OPINION What King Charles' schedule being too 'full' to accommodate son suggests
Prince Harry, the Duke of Sussex, has made headlines with his recent arrival in the U.K., this time to celebrate all things Invictus. But upon the prince landing in the U.K., we have already had confirmation that King Charles III won't have time to see his youngest son during his brief visit.
Seafood, eat food: Calgary Stampede releases Midway menu
The Calgary Stampede has released its menu of sweet, salty and spicy treats available on the Midway for the Greatest Outdoor Show on Earth.
Boy Scouts of America is rebranding. Here's why they've changed their name
After more than a century, Boy Scouts of America is rebranding as Scouting America, another major shakeup for an organization that once proudly resisted change.
Ontario man devastated to learn $150,000 line of credit isn't insured after wife dies
An Ontario man found out that a line of credit he thought was insured actually isn't after his wife of 50 years died.