A B.C. Civil Resolution Tribunal decision says a woman in Greater Victoria must return a cat to her ex after they broke up in a case that serves as a warning to any couple who decides to get a pet during their relationship.

The Nov. 10 decision details a fight over who should have custody of Tobi the cat.

A man took his ex to the CRT because, despite sharing Tobi after the couple had broken up, the woman suddenly wouldnB次元官网网址檛 return the cat after a visit.

The man wanted the CRT to order the return of Tobi and was also claiming $2,000. The woman responded that she was the rightful owner of Tobi on the basis of an B次元官网网址渁greement between the two parties.B次元官网网址�

B次元官网网址淭he respondent acknowledges that when the parties broke up in October 2022, Tobi stayed with the applicant (the man),B次元官网网址� said the ruling. B次元官网网址淭he applicant would then drop off and pick up Tobi from B次元官网网址榲isitsB次元官网网址� with the respondent. This pattern continued without incident until January 2023.

B次元官网网址淥n January 11, 2023, the applicant texted the respondent to say he was having B次元官网网址榮econd thoughtsB次元官网网址� about dropping Tobi off for a visit with the respondent as he was concerned the respondent would not return the cat. The respondent replied to reassure the applicant, writing B次元官网网址榳hy? i said that i wouldB次元官网网址� and B次元官网网址榓nd iB次元官网网址檇 give him back.B次元官网网址� The text messages, reproduced as written, make it clear the respondent promised to return Tobi to the applicant.B次元官网网址�

But after that visit, the woman never returned Tobi to the man, who then took the case to the CRT.

According to the CRT decision, Tobi was purchased for $350 in 2021. The CRT ruled that the man was the actual owner. One point the ruling makes is that pets are considered B次元官网网址減ersonal propertyB次元官网网址� and couples need to be clear when they get a pet about if they both paid for it.

B次元官网网址淭he parties agree the applicant paid the original $350 cost to adopt Tobi from a third party on November 25, 2021,B次元官网网址� said the ruling. B次元官网网址淭he respondent says the applicant paid because B次元官网网址榦ne of us had to make the original payment.B次元官网网址� The respondent further says she B次元官网网址榤ade paymentsB次元官网网址� to the applicant in respect of Tobi over the course of their relationship but does not say she paid the applicant any share of TobiB次元官网网址檚 purchase cost or provide any evidence that she did so. The respondent also does not explain why each party could not have paid half of the upfront cost. So, I find the applicant solely paid for the cost TobiB次元官网网址檚 adoption and owns Tobi, subject to any agreement between the parties to the contrary.B次元官网网址�

The CRT ruling said that since Tobi was the manB次元官网网址檚 property, then the woman should have returned the cat, although it dismissed the manB次元官网网址檚 claim of $2,000, having no proven the market value of Tobi.

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