What is the test for determining who owns a dog?
British Columbia, Canada
The following excerpt is from Poole v. Ramsey-Wall, 2021 BCCRT 789 (CanLII):
17. To determine who owns a dog, a court or tribunal will consider the following factors, summarized in MacDonald v. Pearl, 2017 NSSM 5: a. Whether the dog was owned by one of the parties before their relationship began, b. The nature of the relationship between the parties when the dog was acquired, c. Any express or implied agreement about ownership, made either when the dog was acquired or after, d. Whether at any point the dog was gifted by one party to the other, e. Who purchased the dog, f. Who exercised care and control of the dog, g. Who bore the burden of the care and comfort of the dog, h. Who paid for expenses related to the dog’s upkeep, and i. What happened to the dog after the party’s relationship changed.
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