Pet ownership disputes are increasingly common when relationships end, and Ontario law is gradually evolving to reflect the special place our furry friends hold in our lives. The 2020 Ontario case King v. Mann (2020 ONSC 108) remains a key example, but recent trends suggest a subtle shift in how courts may approach these conflicts.
The Traditional Rule: Pets as Property
For decades, Ontario courts have treated pets as personal property. In King v. Mann, the wife purchased a puppy named Copper. When the relationship ended, both former partners claimed ownership. The court held that because the woman purchased the dog and there was no convincing evidence that she intended to make a legal gift of Copper to her partner, she retained ownership. The man’s emotional bond, participation in naming the dog, and help with expenses did not override property rule. In Ontario, as with most of Canada, legal ownership is usually determined by proof or purchase of evidence of a completed gift.
Changing Attitudes: More Than Just Chattels?
While King v. Mann applied the traditional property approach, courts are increasingly sensitive to the reality that pets are not quite the same as toasters or TVs. Judges are considering broader factors such as:
- Who primarily cared for the pet (feeding, walking, vet visits)?
- Who paid for the pet’s ongoing expenses?
- The emotional relationship between the parties and the pet.
- Any agreements (written or otherwise) regarding ownership or care.
Though Ontario law still does not recognize formal “pet custody” or “visitation,” these practical considerations may tip the balance in a disputed case 0 especially if both parties can show genuine commitment to the animal’s well-being.
Recent Legal Developments
Canadian courts in some provinces, such as British Columbia and Nova Scotia, have signaled an openness to treating pets differently than pure property – sometimes weighing the “best interests” of the pet or shared ownership arrangements. Take the case of Bayat v. Mavedati in 2024 as an example, where the Supreme Court of British Columbia awarded 50/50 shared custody of a dog named Stella to a separating couple. Ontario has not formally adopted these models, but recent cases indicate a willingness to look at the totality of circumstances, not just the name on the adoption papers.
Practical Tips for Pet Owners
If you are splitting up and worried about your pet:
- Gather proof or purchase, vet records, and receipts.
- Document who cared for the pet day-to-day
- Consider a written agreement about the pet (who will keep it, what happens if circumstances change, etc.)
- Try to resolve the issue amicably – prolonged legal battles are rarely in anyone’s best interest, especially the animal’s.
Conclusion
The core principle from King v. Mann – that pets are property – still stands in Ontario, but the law is inching toward a more flexible, humane approach. Courts may now consider the whole context of the relationship and the pet’s welfare. If you are facing a dispute, preparation and a focus on the animal’s best interests will serve you best.
Cases:
King v. Mann, 2020 ONSC 108 (CanLII)
Bayat v. Mavedati BCSC 619 (CanLII)
This blog has been updated from an original FamilyLLB.com blog posted in 2020.
