What jurisdiction does the Small Claims Tribunal have in dealing with a dispute over ownership of a dog?

British Columbia, Canada


The following excerpt is from Delloch v. Piche, 2019 BCCRT 813 (CanLII):

5. At a preliminary hearing, the parties submitted evidence as to whether the tribunal should refuse to resolve their dispute under section 10 of the Act on the basis that it was a family law matter outside the tribunal’s jurisdiction. Under the common law, pets are considered personal property (see Brown v. Larochelle, 2017 BCPC 115). Ownership of a dog generally falls within the tribunal’s personal property jurisdiction. Where parties were in a common law relationship, pets are considered “family property” and the dispute would fall under the family law jurisdiction of the courts. The tribunal determined based on the evidence that the parties were not in a common-law relationship and that the claim falls under the tribunal’s small claims jurisdiction, though noted the preliminary decision was not a final determination of the tribunal’s jurisdiction.

Other Questions


Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Does a claim of ownership interest raise a true question of jurisdiction? (British Columbia, Canada)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
Can a residual beneficiary deal with a piece of property and claim ownership until the will has been performed? (British Columbia, Canada)
How have courts dealt with Rule 18A applications where damages are far less than the limit of the Small Claims jurisdiction? (British Columbia, Canada)
Does the CRT have jurisdiction under its strata property jurisdiction to decide tort claims such as inducing breach of contract? (British Columbia, Canada)
What is the test for determining the jurisdiction of a unionized board over a labour dispute? (British Columbia, Canada)
Can Rule 9-6 of the Rules of Civil Procedure allow summary dismissal of a claim where there are disputed facts in the pleadings? (British Columbia, Canada)
Is an order to correct Form B certificates outside the jurisdiction of the Tribunal? (British Columbia, Canada)
Does a domestic court have jurisdiction to consider fraud in the foreign jurisdiction? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.