A common question the Family Law team gets when assisting with a separation or divorce is, “What about my dog?”. Clients want to understand how the law applies to their beloved pets, and what they should know as they move forward with their legal matter.
The legal status of pets in Ontario
Unfortunately, in Ontario, pets are deemed to be personal property under the law. This classification is an afront to many of us, including the author, who deeply value animals as individual sentient beings, rather than as possessions.
As it stands in Ontario, pets are not given any special status in terms of determining ownership in the wake of a relationship’s breakdown.
When the issue of pet ownership comes before the courts in Ontario, the judges consider factors including which partner purchased or adopted the pet, which partner has shouldered the most financial responsibility, and which partner generally cares for the pet. At times, courts decline to address the issue of pet ownership in its entirety.
Preventatively, couples may wish to deal with the issue of what will happen with a pet in the event of a relationship breakdown in a cohabitation agreement or marriage contract. And reactively, if the parties can agree, ownership may be dealt with in a separation agreement.
An uncertain future
There are signs that the legal classification of pets may be undergoing somewhat of a revolution in Canada.
In early 2024, there were significant amendments to British Columbia’s Family Law Act. The amendments change the classification of pets from property to “companion animals.” Now, courts in B.C. will consider a multitude of factors to determine legal custody of a companion animal and will consider the pet’s best interests in making such a decision.
While the law in B.C. still views companion animals as property, it treats pets as distinct compared to other kinds of property. This change begins to grapple with the understanding that pets cannot be equated to property such as a piece of furniture.
Interestingly, the courts in B.C. can only make an order for ownership and possession of a companion animal by one spouse. The B.C. courts are unable to make orders that spouses jointly own or share the companion animal.
It remains to be seen whether Ontario courts will take a similar approach moving forward.
If you or someone you know needs assistance with a Family Law matter, we’re here to help – [email protected] This WARDS LAWYERS PC publication is for general information only. It is not legal advice, nor is it intended to be. Specific or more information may be necessary before advice could be provided for your particular circumstances.
