دفتر حقوقی زارعی

When a relationship ends, one of the most emotional questions is often one of the simplest:

Who gets the dog?

For many couples, a dog is much more than a pet—it is a beloved member of the family. Losing daily companionship with a pet can be as emotionally difficult as any other aspect of a separation. But does Ontario law treat a dog like a child, allowing for custody or parenting time?

The short answer is: generally, no.

Pets Are Property Under Ontario Law

Traditionally, Ontario courts have treated pets as personal property, not as children. As a result, disputes over dogs have generally focused on ownership, not on determining which person loves the animal more or whether a shared parenting schedule would be in the dog’s best interests.

In simple terms, the legal question has usually been:

Who owns the dog?

Love Alone Is Not Enough

In Warnica v. Gering (2004), a former spouse asked the court to order a week-on/week-off shared custody arrangement for his dog, Tuxedo. The Ontario courts refused, making it clear that family courts would not devote their limited resources to creating visitation schedules for pets.

The same principle was echoed in Duboff v. Simpson, where the court stated that although many people consider their pets to be members of the family, the law generally treats them as personal property. The issue before the court is ownership—not emotional attachment.

How Do Courts Determine Ownership?

A leading Ontario decision, Coates v. Dickson (2021), involving two Labrador Retrievers named Jazz and Jetta, identified several factors that may assist in determining ownership, including:

• Who purchased or adopted the dog;
• Whose name appears on the adoption records, microchip registration, veterinary records, or licence;
• Who paid for the dog’s food, veterinary care, insurance, and other expenses;
• Who was primarily responsible for the dog’s daily care; and
• Whether the dog was intended to be a gift to the other party.

As the court observed, regardless of how deeply people love their dogs, the law must determine who the legal owner is.

The Law Is Evolving

Ontario law has recently evolved in the context of married spouses. Amendments to the Family Law Act now permit courts, in certain family law proceedings between married spouses, to make decisions respecting companion animals. These provisions move beyond the traditional property analysis and require the court to consider several statutory factors. However, the legislation does not create parenting orders for pets comparable to those made for children.

What If the Parties Were Never Married?

If the relationship was not a marriage and you believe you have an ownership interest in the dog, your claim may not belong in Family Court. Depending on the circumstances, you may be able to pursue a claim for ownership or the value of your interest in the Ontario Small Claims Court, where disputes involving personal property can often be resolved.

Final Thoughts

The best way to avoid a dispute over a beloved pet is to address ownership in a written agreement while the relationship is intact or as part of a separation agreement. Clear documentation can prevent costly litigation and unnecessary emotional distress later.

Disclaimer: This article provides general information about Ontario law and is not legal advice. Every case depends on its own facts and should be assessed by a qualified legal professional.

عادل زارعی
Licensed Paralegal – Law Society of Ontario
Senior First-Class Attorney at Law – Iranian Bar Association