Dog 'a special type of property,' tribunal rules in canine custody battle

Breaking up is hard to do,but it's even harder if the custody of a family pet is involved.

In this case beforethe Civil Resolution Tribunal of B.C., the ownership of a golden retriever named "Ruby Star,"or "Ruby," came into dispute after Jill Horn and George Eggberrysplit up in 2016.

The cases make it clear that a dog is a special type of property- Tribunal member, Maureen Baird

The couple have children together and are involved in parenting them, but the dog's ownership became a bone of contention after they had separated for several months.

In the tribunal ruling,Eggberrysaidhe left the dog with Horn for one day in August of 2017 but she refused to give her back.

Dog given away

However, Horn argued she is entitled to own the dog and believes that her ex was failing to properly care for Ruby who she took to a veterinarian for emergency treatment after seeing a scab under her collar.

According to court documents, Horn said Eggberryhad felt the dog required rest not medical care, but Ruby needed treatment for a flea infestation.

Horn felt it was "no longer appropriate" for Eggberry to keep Ruby and decided to give the dog to her sister, Jennifer Bresciani,and her sister's husband, Jacob, who she felt would provide better care.

Pets are not family

For many pet lovers, the realization that their beloved "fur babies" are considered personal property may come as a shock, but two recent court decisions, Henderson v. Henderson and Brown v. Larochelle, ruled that pets should not be treated the same as children.

"The cases make it clear that a dog is a special type of property...," wroteTribunal memberMaureen Baird.

In Ruby's case, the Civil Resolution Tribunal sided with GeorgeEggberry.

"Mr.Eggberryalone signed the adoption papers for Ruby, taking contractual responsibility for the dog," Baird said.

Because Horn decided to find Ruby a new home, according to the tribunal, she retained no property interest in the dog, so Horncould not transfer ownership to her sister.

Tribunal order

The tribunal, which decides small claims matters, issued an order that Ruby be returned to Eggberrywithin five days of the ruling.

Eggberry'sadditional claim of damages for mental distress wasdismissed due to a lack of medical evidence.