A TOP COURT RULES ON COUPLE’S BATTLE OVER DOG.
COURT RULING
ST. JOHN’S, N.L. •Inacase that divided Newfoundland and Labrador’s top court over what constitutes pet ownership, a man has been awarded sole custody of a dog following a breakup with his girlfriend.
David Baker and Kelsey Harmina of St. John’s purchased Mya, a Bernese mountain dog-poodle mix, in October 2014.
After the couple split, they fought over custody of Mya in a case that eventually made its way to the province’s Court of Appeal.
First, a small claims court judge determined that Baker was Mya’s sole owner, saying that the law considers dogs personal property and that Baker paid for Mya.
Harmina appealed that decision, and a provincial Supreme Court judge found the small claims judge didn’t consider the full context of the relationship, concluding Mya should be owned jointly.
Baker then appealed that decision, and in a recently released ruling two of three Appeal Court judges agreed that the man is the dog’s sole owner, saying the small claims judge was right to rely on the traditional approach to determine ownership.
“In the eyes of the law a dog is an item of personal property,” Justice Charles White said in the panel’s written decision, which was supported by Justice Michael Harrington.
“That doesn’t mean dogs aren’t important. It means that when two people disagree about who should get a dog, the question is not who has the most affection for the dog or treats it better (so long as both parties treat the dog humanely). The question is who owns it.”
But the third judge dissented, saying the pair should have joint custody, because people often form strong emotional relationships with their pets.
Justice Lois Hoegg said she believes ownership of a dog involves much more than a determination of who paid for it.
“Ownership of a dog is more complicated to decide than, say, a car, or a piece of furniture, for … it is not as though animate property, like a dog, is a divisible asset,” she wrote.
“Dogs are possessive of traits normally associated with people, like personality, affection, loyalty, intelligence, the ability to communicate and follow orders, and so on. As such, many people are bonded with their dogs and suffer great grief when they lose them.”
Hoegg noted the couple made decisions about the dog together, and that the woman took care of the dog and contributed to other expenses.