Paws and Possession: What the Law Says About Who Owns a Pet

When a relationship ends and there’s a pet involved, one of the hardest questions to answer is, “Who gets the pet?”. While most of us see our pets as family, the law in Canada hasn’t quite caught up. Legally, pets are still considered personal property, the same category as your car or couch. This means that courts don’t decide “custody” or “access” for pets the way they do for children. Instead, they focus on one main question: who legally owns the “item”.

Having a pet in your care doesn’t necessarily mean you legally own it. Someone might have possession (meaning they’re the one currently living with and caring for the animal) but that alone doesn’t determine ownership. In the eyes of the law, it’s ownership, not what’s “best for the animal,” that decides the likely outcome.

In Ontario, courts look at several factors to figure out who the legal owner is. In the case Coates v Dickson (2021), the court outlined some of these considerations. 

They include who purchased or adopted the pet, whose name appears on the license or microchip, who pays for vet bills and other expenses, and who takes care of the pet day-to-day. 

The court also looks at whether the couple had any agreement (written or verbal) about what would happen if they broke up. When there’s more than one pet, courts may even consider whether one was brought into the relationship by a partner or if a pet was given as a gift. 

However, no single factor alone decides ownership. Still, paperwork, payment records, and consistent caregiving tend to carry the most legal significance. 

The Court ruled that the two owners jointly owned their two pets. Both owners had contributed, in their own capacity, time and money to the dogs’ care and welfare. Both owners were also listed as the “legal” owners in multiple pet-related documents.

But with somewhat equal ownership, how could the courts decide? It was simple math really, each parent gets one pet. The parents in the Coates case each took home a loving companion.

But, what happens when there is only one pet. What happens when only one person owns the pet, but the other takes care of it.

Although Courts know that ownership isn’t always financial, documents are fundamentally easier to accept than spoken word. Especially when both parties are arguing about who really takes the dog on a walk every Monday morning. 

This might sound cold to anyone who’s ever loved an animal, but that’s the current legal reality. Until the law changes, pet disputes will continue to be treated like property disagreements rather than custody battles.

But, courts are expensive, long, and emotionally draining. They may not always be the best option for a solution suitable for your lifestyle. If you share a pet with someone (or are moving in together) it’s always smart to plan ahead.  A simple written agreement outlining who owns the pet and what happens if things don’t work out can save a lot of heartache later. Keeping receipts, vet records, and registration documents in your name can also help if a dispute arises. 

Our very own pet dispute clinic can help with this. Trained law students and family lawyers can assist you in drafting a separation agreement solely for your pets for free. Your “pup-nup” (like pre-nup but for pets) can set out schedules, contact arrangements, financial decisions, and much more. You can email or book a consultation today to get started. 

At the end of the day, while pets may feel like family, the law still treats them as property. Until that changes, the best protection for your furry friend is clear documentation and communication.

Authored by Ria Stratas