No proof man lied to brother about number of kittens born in litter, B.C. tribunal rules
A man was denied a $5,000 payout from his brother after a B.C. tribunal dismissed his claim disputing how many kittens were born in a litter.
The Civil Resolution Tribunal released details of the dispute between Hamza and Salah Nowara Friday. The situation began in April 2023, when Hamza lent his cat to his brother so he could have it breed with his friend's cat.
According to tribunal member Micah Carmody's decision, the brothers agreed Salah would return the cat to Hamza after the kittens were born.
"Salah essentially agrees, but says he was doing Hamza a favour because the cat was in heat and causing Hamza distress," Carmody wrote, adding Salah said Hamza was to receive half the litter.
Salah told the tribunal just two kittens were born in the litter and one died a few days later. Salah's friend kept the remaining kitten.
"Hamza says that Salah is being dishonest about the number of kittens and whether they were sold for profit. However, Hamza does not explain why he thinks this except to say that it is highly unlikely for cats to have a litter of two kittens," Carmody's decision said.
"There is no objective evidence before me about how common or rare it is for a cat to have a litter of two. Also, there is no evidence that Salah sold any kittens."
The tribunal heard Hamza claim he was told he'd get to keep all the kittens. Hamza also claimed at one point the parties didn't have a verbal agreement except that his cat would be returned to him.
"Confusingly, Hamza also says several times that the parties did not have an agreement at all," Carmody wrote. "Despite this, Hamza frames his claim as a breach of contract claim."
No contract?
Carmody explained that, in order to prove a breach of contract, a valid contract must be in place. He explained Hamza hasn't proven – as is his responsibility in bringing this claim forward – that he and his brother "intended to create legal relations as opposed to simply putting two cats together and hoping for kittens."
"Even if there was a contract here, the only clear terms were that Salah would take (the) cat to his friend and return it after breeding," Carmody wrote. "I find Salah complied with those terms."
Carmody also found the parties didn't agree on who owned the kittens or what they would do if only one kitten survived. Once again, Carmody said, Hamza failed to prove a contract was breached.
"Even if he had, it would be difficult to quantify damages given that Hamza did not provide any evidence about a kitten's value," Carmody wrote.
The tribunal also heard claims from Hamza that he suffered mental distress as a result of the dispute, but Carmody determined the evidence presented to him fell "far short of establishing an injury."
All of Hamza's claims were dismissed.
CTVNews.ca Top Stories
Severe thunderstorms, 15 cm of snow: Canadian weather forecast highlights
Well into spring, some parts of Canada could experience a wintry comeback, while other areas are bracing for severe thunderstorms, according to local forecasts.
Pope apologizes after using 'homophobic terms'
Pope Francis apologized Tuesday after he was quoted using a vulgar term about gay men to reaffirm the Catholic Church's ban on gay priests.
At least 60 reports of Lyme disease so far as Ontario enters tick season
Peak tick season is only just beginning but reports of bites – and tick-borne illnesses – are already higher than normal in Ontario.
Spy watchdog's foreign interference review finds 'unacceptable gaps' in accountability
The Canadian Security Intelligence Service and Public Safety Canada lacked a system for tracking who received and read specific intelligence on foreign interference, creating 'unacceptable gaps in accountability,' the national spy watchdog has found.
Tornado touches down west of the Island of Montreal
Emergency services in the town of Rigaud, Que. are investigating after a tornado touched down shortly after 5:30 p.m.
Man convicted in attack on Pelosi's husband back in court after judge's error
A man who assaulted U.S. House Speaker Nancy Pelosi's husband in 2022 will have another day in court on Tuesday after the federal judge overseeing the case failed to allow him to speak during his sentencing hearing earlier this month.
Teen was doing homework at family's Mississauga, Ont. restaurant when gunman opened fire: testimony
The 13-year-old sister of a young man killed in the attack on her family’s Mississauga restaurant in 2021 took the stand in a Brampton courthouse on Monday to describe the terrifying moments of coming under fire.
WATCH Airline pilot treated to stunning northern lights show during U.S.-Portugal flight
An airline pilot got quite a show on May 11 while flying from San Francisco to Lisbon when a solar storm caused stunning auroras.
Richard Dreyfuss' comments about women, LGBTQ2S+ people and diversity lead venue to apologize
The actor Richard Dreyfuss showed up in a dress at a 'Jaws'-themed event in Massachusetts, where the blockbuster 1975 movie he starred in was shot, and then proceeded to make demeaning remarks about women, LGBTQ2S+ people and diversity.