logo logo
  • Lawyers
  • Legal Services
    • Administrative Law
    • Business & Corporate Law
    • Criminal Law
    • Employment & Labour Law
    • Family Law
    • Litigation & Dispute Resolution
    • Municipal Law
    • Personal Injury
    • Property & Real Estate Law
    • Wills & Estates
  • Our Firm
    • Our Team
    • Our Clients
    • Resources
    • Contact
  • News
  • Careers
    • Lawyer Careers
    • Paralegal Careers
    • Articled Clerk & Summer Student Opportunities
  • Service en Français
  • Contact
logo logo
  • Lawyers
  • Legal Services
    • Administrative Law
    • Business & Corporate Law
    • Criminal Law
    • Employment & Labour Law
    • Family Law
    • Litigation & Dispute Resolution
    • Municipal Law
    • Personal Injury
    • Property & Real Estate Law
    • Wills & Estates
  • Our Firm
    • Our Team
    • Our Clients
    • Resources
    • Contact
  • News
  • Careers
    • Lawyer Careers
    • Paralegal Careers
    • Articled Clerk & Summer Student Opportunities
  • Service en Français
  • Contact
Family LawFebruary 1, 2017

So, who gets the dog?

By Geoffrey Kowalski
8 years ago

(Henderson v. Henderson, 2017 SKQB 282) Many of us treat our pets like another member of the family. They provide us companionship, unconditional love, and are always happy to see us.

 

While one may feel inclined to treat the family pet like a child of the marriage,

The Saskatchewan Court of Queen’s Bench recently decided strongly against doing so and taking the matter before the courts. In hearing an application for interim possession of two family dogs, Justice Richard Danyliuk ruled that dogs, while treated as members of the family, are considered property in the eyes of the law. Danyliuk J. states, at para 23: “My present task is not to act with emotion or to validate the personal perspective of pet owners within the legal context. Rather, it is to interpret and then apply the law. And for legal purposes, there can be no doubt: Dogs are property.”

Danyliuk J. also uses his own examples to illustrate the disconnect between dogs being like children; for example, he states that when our children are sick, we do not engage in a cost/benefit analysis to determine if it is worth giving them medical treatment.

With the most emphasis, however, is Danyliuk J.’s comments on having to hear the matter. At para 4, he states:

“In a justice system that is incredibly busy, where delay has virtually become systemic, where there are cases involving child welfare and family matters that wait months for adjudication, these parties have chosen to throw this dispute into the mix. I am sure that to them, this is the most important matter. But it must be kept in perspective and measured against other matters, many of which inarguably are of more importance … To consume scarce judicial resources with this matter is wasteful. In my view, such applications should be discouraged.”

Danyliuk J.’s decision is generally consistent with how courts have treated this issue in the past; however, it may be a flawed approach. In some cases, it is possible that there is more at issue. For example, family law cases could involve animal abuse or competing claims to an important companion animal that treats a spouse’s medical disorder. Or, the animals in question could have fulfilled important and valuable roles in a marriage where children were not possible. Such cases should not simply be dismissed as humorous or merely taking up the court’s time. Perhaps it is time for the courts and legislature to truly acknowledge how serious of an issue this can be in the dynamic of a family law conflict, rather than simply dismissing the issue as “wasteful.”

When dealing with separation or divorce, there are significant issues to be determined. If you are going through or preparing for separation or divorce, please call for a consultation with one of our experienced family law lawyers.


Geoffrey Kowalski

Articled Clerk
902-368-7824
geoff.kowalski@keymurraylaw.com


Legal information appearing in this article and elsewhere on Key Murray Law’s website is intended for informational purposes only and is not intended to substitute for or replace any legal or other professional advice. If you have specific concerns or a situation in which you require legal advice, you should consult directly with one of our lawyers.

Family Law, Geoff Kowalski, Key Murray Law
Previous Donation of Casual Day Funds
Next Understanding Your Automobile Insurance Policy
  • Charlottetown

    Suite 200, 80 Grafton Street
    PO Box 875, Charlottetown
    PE C1A 7L9
    Phone: (902) 894-7051
    Fax: (902) 368-3762
    charlottetown@keymurraylaw.com
  • Summerside

    494 Granville Street
    PO Box 1570, Summerside
    PE C1N 4K4
    Phone: (902) 436-4851
    Fax: (902) 436-5063
    summerside@keymurraylaw.com
  • Mill River

    Shops at Mill River
    36 MacKenzie Cr, Woodstock
    PE, C0B 1V0
    Phone: (902) 859-3864
    Fax: (902) 859-3533
    millriver@keymurraylaw.com
  • Souris

    106 Main Street
    PO Box 238, Souris
    PE C0A 2B0
    Phone: (902) 687-2048
    Fax: (902) 687-2494
    souris@keymurraylaw.com
  • Key Murray Law Best Lawyers 2020 Key Murray Law Meritas Firm
    • Facebook
    • Twitter
  • Lawyers
  • Legal Services
  • News
  • Contact
  • Privacy Policy
  • Terms of Use
  • Service en Francais