Dogs are property, not kids, B.C. judge tells former couple

Dogs are property, not kids, B.C. judge tells former couple

Court decision made on competing lawsuits over Zeus and Aurora — a pit bull and pit bull cross

By Tim Petruk

Kamloops This Week

Dogs are not children — nor are they toasters.

So ruled a Kamloops judge in the case of a former Salmon Arm couple suing each other over a pair of pit bulls they bought while together.

Raiann Almaas and Michael David Wheeler each filed competing lawsuits over Aurora, a pit bull cross purchased in 2015, and Zeus, a pit bull bought in 2016.

When the dogs were bought, Almaas and Wheeler lived together and were involved in a romantic relationship. They broke up in December 2017 and stopped living together a few months later.

Wheeler paid for the dogs, court heard, but Almaas provided much of the care for them while Wheeler worked out of town for stretches sometimes lasting two months.

During trial, which took place over one day each in November and January, Wheeler said Aurora and Zeus were treated as though they were the couple’s children.

Court heard Almaas had the dogs for the majority of the time between Wheeler moving out in early 2018 and May 2019. She estimated she paid about $2,500 for their care in that time.

Almaas said she gave the dogs to Wheeler on May 26, 2019, on the understanding he would have them for two weeks. He did not return them, court heard.

Read more: Vernon’s beloved pudgy pit bull moved to Cranbrook

Read more: Bystander who tried to help dog being attacked not liable for its death: B.C. tribunal

Read more: Eleven dogs rescued; transported from Texas to the Okanagan despite pandemic

Almaas sued, seeking the return of the dogs and repayment for vet bills she had covered — totalling more than $13,500.

Wheeler’s counterclaim sought $12,187 for the cost of the dogs, training expenses and vet bills, as well as 50/50 shared custody of Aurora and Zeus.

In her decision, made public on Thursday, April 2, Kamloops provincial court Judge Stella Frame said the court cannot treat pets like kids, so no shared parenting can be implemented.

“The law is clear that dogs, even those purchased in the course of a relationship as a family pet, are property,” Frame said. “It is the nature of that property and how ownership of it is determined that is a bit more unique to pet cases than it is to toasters or other inanimate objects.”

Frame figuratively cut the baby in half — ordering that Almaas keep Aurora and Wheeler keep Zeus.

Frame dismissed all claims for money.

“In the end result, both parties own these dogs,” she said. “Ms. Almaas wanted Aurora for company and clearly drew comfort from her. Mr. Wheeler loves these dogs as well.”

Frame ordered the exchange of the animals and any of their toys or property take place by April 15. She also required that Almaas and Wheeler comply with social distancing during the exchange.

Like us on Facebook and follow us on Twitter

CourtSalmon Arm

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Questions around rail safety, firefighter safety, cleanup near the rail yards and tracks, whistle cessation, etc were raised during the RDBN meeting with CN. (File photo)
‘Lot of our concerns are still not being heard,’ say RDBN directors on CN’s response

Frustrated over lack of solutions, despite communicating their concerns to CN

Barbara Patrick. (Submitted/Lakes District News)
Former Burns Lake local to play the first Indigenous character in a Hallmark movie

Barbara Patrick, a former LDSS student takes a huge step for the Indigenous community

The Burns Lake RCMP is supportive of having a ticketing bylaw in place even though there would be limitations on what they could ticket on. (Priyanka Ketkar photo/Lakes District News)
Burns Lake might be getting a ticketing bylaw

Will help extend RCMP’s authority to attend to noise complaints

Mary Cox and Jack Plant dance in their pyjamas and slippers at the morning pyjama dance during the Rhythm Reelers’ 25 Annual Rally in the Valley Square Dance Festival in Chilliwack on June 4, 2011. Sunday, Nov. 29, 2020 is Square Dancing Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Nov. 29 to Dec. 5

Square Dancing Day, Disability Day and International Ninja Day are all coming up this week

Black Press Media and BraveFace have come together to support children facing life-threatening conditions. Net proceeds from these washable, reusable, three-layer masks go to Make-A-Wish Foundation BC & Yukon.
Put on a BraveFace: Help make children’s wishes come true

Black Press Media, BraveFace host mask fundraiser for Make-A-Wish Foundation

Kevin Bieksa during his days playing with the Vancouver Canucks. (Photo: commons.wikimedia.org)
Bieksa to guest on free Canucks Alumni ‘Hot Stove’ on Zoom app

Former NHL player has become a game analyst on Sportsnet

114 Canadians were appointed Nov. 27 to the Order of Canada. (Governor General of Canada photo)
Indigenous actor, author, elder, leaders appointed to Order of Canada

Outstanding achievement, community dedication and service recognized

More than 60 cm of snow has fallen at Ulkatcho First Nation near Anahim Lake in the Chilcotin since a snowfall warning went into effect Thursday, Nov. 26. (Graham West photo)
VIDEO: More than 60 cm of snowfall in Chilcotin since Thursday, Nov. 26

Graham West of Ulkatcho First Nation captures the scene on video

Screenshot of Pastor James Butler giving a sermon at Free Grace Baptist Church in Chilliwack on Nov. 22, 2020. The church has decided to continue in-person services despite a public health order banning worship services that was issued on Nov. 19, 2020. (YouTube)
2 Lower Mainland churches continue in-person services despite public health orders

Pastors say faith groups are unfairly targeted and that charter rights protect their decisions

A big job: Former forests minister Doug Donaldson stands before a 500-year-old Douglas fir in Saanich to announce preservation of some of B.C.’s oldest trees, July 2019. (B.C. government)
B.C. returning to ‘stand-alone’ forests, rural development ministry

Horgan says Gordon Campbell’s super-ministry doesn’t work

Peter Wilson, left, and Micah Rankin, right, formed the Special Prosecutor team that was tasked with reviewing and litigating charges stemming from the Bountiful investigation. Trevor Crawley photo.
End of Bountiful prosecution wraps up decades of legal battles

Constitutional questions had to be settled before a polygamy prosecution could move forward

Alexandre Bissonnette, who pleaded guilty to a mass shooting at a Quebec City mosque, arrives at the courthouse in Quebec City on February 21, 2017. THE CANADIAN PRESS/Mathieu Belanger - POOL
Court strikes down consecutive life sentences; mosque shooter has prison term cut

The decision was appealed by both the defence and the Crown

Most Read