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B.C. woman ordered to give dog back to ex after 㽶Ƶֱsharing ownership㽶Ƶֱ falls apart

Case a cautionary tale for couples who share pets - even after a breakup

A recent B.C. Civil Resolution Tribunal decision offers a cautionary warning to couples who share pets during a relationship - even after they break up.

In the ruling, a woman was ordered to return a dog to her ex after a complicated arrangement went sour.

The dispute centred around a dog named Bentley, who was shared by a B.C. couple who were in a romantic relationship.

That relationship ended, but the two people continued to share Bentley for eight years after the breakup. (Black Press Media isn㽶Ƶֱt identifying the two humans as the story is more about the lessons that can be learned from it.)

㽶ƵֱThe parties say they both paid for Bentley㽶Ƶֱs initial acquisition cost, and after they broke up, they shared custody of Bentley with each party taking the dog for three weeks at a time before handing him over to the other,㽶Ƶֱ reads the CRT ruling.

This included both people sharing expenses in regards to Bentley.

That arrangement seemed to work for eight years until the woman cut off access to the man, saying she 㽶Ƶֱno longer felt comfortable㽶Ƶֱ with him having access to Bentley.

The exact reason isn㽶Ƶֱt given, but the woman texted the man to say she has 㽶Ƶֱdiscovered some pretty upsetting things㽶Ƶֱ about the man, according to the ruling.

In July 2022, the man went to pick up Bentley as per the schedule 㽶Ƶֱ along with the police to supervise 㽶Ƶֱ but she refused to give up the dog. The man hadn㽶Ƶֱt seen the dog for about 10 months when the case was heard by the CRT.

The man was asking to get access to Bentley or be compensated with $5,000.

㽶ƵֱAt law, pets are considered personal property,㽶Ƶֱ reads the ruling. 㽶ƵֱThis can become complicated when personal relationships break down because people do not want their pets treated like other personal property that can be divided or sold to share the proceeds 㽶Ƶֱ I acknowledge it can be difficult to determine who has the greater claim to a pet㽶Ƶֱs ownership and possession.㽶Ƶֱ

Some issues to be considered, according to the ruling, include who bought the pet, did one person own the pet at the start of the relationship and who took the most care of the dog 㽶Ƶֱ including exercise. This was complicated because they shared most everything equally with Bentley and the CRT said in its ruling that 㽶Ƶֱclearly, a dog cannot be divided.㽶Ƶֱ

The man argued in the hearing that 㽶ƵֱBentley has always had a strong connection with him.㽶Ƶֱ The woman also didn㽶Ƶֱt detail specific reasons why she was no longer comfortable with the man having access to Bentley, so the adjudicator dismissed that.

The ruling said that the woman unilaterally cutting off access 㽶Ƶֱdisplays a lack of ability to put Bentley㽶Ƶֱs best interests above her own personal interests.㽶Ƶֱ

And so, the woman was ordered to return Bentley within 21 days of the decision, plus reimburse the ex for the tribunal fees.

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Do you have a story tip? Email: chris.campbell@blackpress.ca.

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Chris Campbell

About the Author: Chris Campbell

I joined the Victoria News hub as an editor in 2023, bringing with me over 30 years of experience from community newspapers in Metro Vancouver and the Fraser Valley
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