If you’ve been following our blogs for a while, you know that we are fond of our beloved furry friends and diligently track any legal developments in the estates context that may impact them. Last year, I blogged about the new amendments that were introduced as part of the British Columbia’s Family Law Amendment Act, 2023. The Act included provisions that specifically address companion pets and provide more guidance for parties and judges when assessing the ownership and possession of pets upon separation or divorce. The general guidance was that the pet’s well-being is to be considered when determining custody arrangements, akin to the factors considering the best interest of the child in similar situations.

In a first of its kind case, Bayat v. Mavedati, 2024 BCSC 619, a recent ruling by a British Columbia judge has captured the attention and hearts of many. At the centre of the case are two former partners who found themselves embroiled in a custody battle over their beloved canine companion, Stella. Despite the end of their romantic relationship, both individuals shared a deep bond with Stella and sought to maintain a meaningful presence in her life.

In a landmark decision, the British Columbia judge presiding over the case ordered shared custody of Stella, recognizing the genuine love and attachment that both parties had for the furry family member. The parties will have shared decision-making responsibility with respect to Stella. This ruling represents a departure from traditional approaches to pet custody disputes, which often treat animals as mere property.

The judge’s decision reflects a growing recognition of pets as sentient beings with unique emotional needs and bonds with their human caregivers. By prioritizing Stella’s well-being and the importance of her continued relationship with both individuals, the court set a precedent that emphasizes the welfare of companion pets in custody disputes.

Beyond its immediate impact on the parties involved, this case has sparked broader conversations about the legal status of pets and the evolving nature of pet custody laws. While Ontario has yet to implement similar changes to its Family Law Act, we are starting to see some cases where judges go beyond the strict classification of pets as “property”, and take into consideration other factors, such as who cares for the pet and pays for the expenses.

Until the legal system is able to fully protect the well-being of animals and uphold the bonds that unite us with our beloved companions, we recommend that you put some thought into incorporating your pet’s future care and needs as part of your estate plan.

Thank you for reading and have a great weekend.

Margarita Grup.