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
Woman with liver failure rejected for a transplant after medical review highlights alcohol use
For nearly three months, Amanda Huska has been in an Ontario hospital, part of it on life support, because of severe liver failure. Her history of alcohol use is getting in the way of her only potential treatment: a liver transplant.
B.C. man 'attacked suddenly' by adult grizzly near Alberta boundary: RCMP
A B.C. man is recovering from multiple injuries after he was "attacked suddenly" by an adult grizzly bear near Elkford Thursday afternoon.
Box tree moths have infested Ontario and experts say more are coming. Here's what to do to protect your garden
An invasive moth species is on the rise in Canada and, if you've planted a certain shrub, it could stand to ruin your garden.
His SUV was stolen on Montreal's South Shore. Then he got a $156 parking ticket
A couple is frustrated after their SUV was stolen from Montreal's South Shore in March and they received a parking ticket for the same vehicle last week.
Jesus is their savior, Trump is their candidate. Ex-president's backers say he shares faith, values
As Donald Trump increasingly infuses his campaign with Christian trappings while coasting to a third Republican presidential nomination, his support is as strong as ever among evangelicals and other conservative Christians.
To plant or not to plant? Gardening tips for May long weekend
May long weekend is finally here, and with the extra time off you may be getting the itch to head out to your garden and plant. However, the old debate whether you should plant now, or wait, is still ever-present.
Impaired driver sentenced to 7 years after double-fatal Cambridge crash
A man who killed two people in a drunk driving crash was sentenced Friday to seven years behind bars.
Banking mogul suing government after intelligence leaks leave him shut out of Canadian economy
Chinese Canadian banking mogul Shenglin Xian has launched a $300 million lawsuit against the federal government. It’s a means to find the source of intelligence leaks which Xian says has cost him his livelihood.
Backlash over NFL player Harrison Butker's commencement speech has reached a new level
The NFL is distancing itself from controversial comments by Kansas City Chiefs kicker Harrison Butker during a recent commencement address.