It appears that this process, taking Milo from one person and giving him to another, was orchestrated by the police. The defendant testified that she was advised by the RCMP that Milo was at the SPCA and she testified that the police told her that she could pick up Milo at the SPCA. “ took Milo to the SPCA apparently for safe-keeping while the claimant was placed under arrest. When the claimant was detained by Port Alberni RCMP for alleged domestic violence, police took Milo into custody as well instead of allowing the claimant to make arrangements to have Milo cared for. Webb also made note of past criminal complaints the defendant made against the claimant on at least two occasions in November 2020. He went on to reference three past court decisions where the ownership of a dog was in question, pointing out factors for the court to consider, including: the dog’s best interests, who purchased the dog, paying for ongoing care, and providing training and exercise. Dogs are considered property, but a different type of property,” said the judge. “The courts have struggled to try to determine ownership of dogs. Since the separation, they have been unable to decide between themselves who should get Milo. While they were together they got a dog, a Doberman named Milo. They were living together in a cabin on Sproat Lake near Port Alberni prior to separating in October of 2020. Milo needs to be returned to the claimant,” Webb said in his ruling.Īccording to the judgment, the claimant and the defendant were engaged. He paid for Milo, provided the majority of care, and had Milo in his possession until he was arrested and Milo was taken from him and given to the defendant. “I find that the claimant has established on a balance of probabilities that he is the owner of Milo. Webb ruled that a Port Alberni man is the owner of Milo.
#INSPIRIT SENIOR LIVING TRIAL#
It took five days of trial to determine, but in the end, on May 9, provincial court judge R.J.
Milo the two-year-old Doberman is the property of his dad.
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