通常情况下,当您与配偶分开时,宠物被视为财产,因此在您的家庭法案件中,您可能会在整体财产分割范围内分割。因此,宠物将遵守物权法原则 离婚法案 家庭法法案.


  1. 谁购买了宠物?
  2. 宠物是送给其中一方的礼物吗?
  3. 谁支付了与宠物有关的大部分费用?
  4. 其中一方是宠物的注册所有者吗?
  5. 自双方分居以来,谁拥有和/或照顾宠物?
  6. 谁主要参与宠物的早期训练?
  7. 谁主要参与宠物的日常护理?


(a)  Pets will not be treated in a manner such as children;

(b)  Courts are unlikely to consider interim applications for pet possession;

(c)  Canadian Courts are unlikely to find that joint sharing or some form of constructive trust remedy is apt;

(d)  that pets are a variant of personal property;


然而,最近的决定对现状提出了挑战。纽芬兰和拉布拉多上诉法院案, 贝克诉哈米娜 2018 NLCA 15, involves a Bernese-poodle mix, Mya, who was “treated as a family member”. The couple had moved in together a short time after purchasing the dog, but when the couple separated a legal battle began over who got to keep her. Although In the end, the majority of the court considered the status quo property argument, Justice Lois Hoegg dissented in part, describing the issue of who owns Mya as being more complex than simply who bought her. Justice Lois Hoegg considered questions like:

  • 在关系中获得了动物吗?


  • 谁负担了动物的照顾和安慰的负担?


  • 谁支付了动物的保养费?


  • 谁在乎呢?



总之,Velletta&Company当然可以帮助您建立一个处理问题的适当方式,或者继续建立您的法庭案件。 联系我们 今天!


Who Gets the Pet? 3 Velletta Lawyers Victoria BCJade Fraser grew up in Shawnigan Lake and is very proud to call Victoria her home. Before pursuing her education in law, she completed her undergraduate degree at the University of British Columbia obtaining a Bachelor of Science. After living in places such as Saudi Arabia and France, Jade gained a unique set of experiences which contributed to her decision to travel abroad in pursuit of her legal education. Find out more about Jade by clicking 这里