Dogs are property, not kids, B.C. judge tells former couple

Dogs are property, not kids, B.C. judge tells former couple

Court decision made on competing lawsuits over Zeus and Aurora — a pit bull and pit bull cross

By Tim Petruk

Kamloops This Week

Dogs are not children — nor are they toasters.

So ruled a Kamloops judge in the case of a former Salmon Arm couple suing each other over a pair of pit bulls they bought while together.

Raiann Almaas and Michael David Wheeler each filed competing lawsuits over Aurora, a pit bull cross purchased in 2015, and Zeus, a pit bull bought in 2016.

When the dogs were bought, Almaas and Wheeler lived together and were involved in a romantic relationship. They broke up in December 2017 and stopped living together a few months later.

Wheeler paid for the dogs, court heard, but Almaas provided much of the care for them while Wheeler worked out of town for stretches sometimes lasting two months.

During trial, which took place over one day each in November and January, Wheeler said Aurora and Zeus were treated as though they were the couple’s children.

Court heard Almaas had the dogs for the majority of the time between Wheeler moving out in early 2018 and May 2019. She estimated she paid about $2,500 for their care in that time.

Almaas said she gave the dogs to Wheeler on May 26, 2019, on the understanding he would have them for two weeks. He did not return them, court heard.

Read more: Vernon’s beloved pudgy pit bull moved to Cranbrook

Read more: Bystander who tried to help dog being attacked not liable for its death: B.C. tribunal

Read more: Eleven dogs rescued; transported from Texas to the Okanagan despite pandemic

Almaas sued, seeking the return of the dogs and repayment for vet bills she had covered — totalling more than $13,500.

Wheeler’s counterclaim sought $12,187 for the cost of the dogs, training expenses and vet bills, as well as 50/50 shared custody of Aurora and Zeus.

In her decision, made public on Thursday, April 2, Kamloops provincial court Judge Stella Frame said the court cannot treat pets like kids, so no shared parenting can be implemented.

“The law is clear that dogs, even those purchased in the course of a relationship as a family pet, are property,” Frame said. “It is the nature of that property and how ownership of it is determined that is a bit more unique to pet cases than it is to toasters or other inanimate objects.”

Frame figuratively cut the baby in half — ordering that Almaas keep Aurora and Wheeler keep Zeus.

Frame dismissed all claims for money.

“In the end result, both parties own these dogs,” she said. “Ms. Almaas wanted Aurora for company and clearly drew comfort from her. Mr. Wheeler loves these dogs as well.”

Frame ordered the exchange of the animals and any of their toys or property take place by April 15. She also required that Almaas and Wheeler comply with social distancing during the exchange.

Like us on Facebook and follow us on Twitter

CourtSalmon Arm

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Phyllis Neufeld was on the Alouette River dike in Pitt Meadows on Wednesday, Feb. 17, 2021, when she took this photo. (Special to The News)
SHARE: Sun breaks through a rainy Pitt Meadows sky

Send us your photo showing how you view Maple Ridge or Pitt Meadows, and it could be featured soon.

The artwork is by Caitlin Legault who is not the only local person grateful to those who work in health care. A local letter writer recently had to go to hospital and wanted everyone there to know that their efforts are appreciated. (Special to The News)
LETTER: Pitt Meadows letter writer grateful for all those who cared for her at hospital

Staff in every department worthy of praise, local woman says

Devin Martinson sent in some views that caught his eye. (Special to The News)
SHARE: Urban and rural views of Maple Ridge

Send us your photo showing how you view Maple Ridge or Pitt Meadows, and it could be featured soon.

Ron Paley didn’t let the rain stop him from exploring Golden Ears Park on Alouette Mountain recently. (Special to The News)
SHARE: The eerie beauty of Golden Ears Park

Send us your photo showing how you view Maple Ridge or Pitt Meadows, and it could be featured soon.

Steven Powell is extremely grateful for the help staff and store owners at Valley Fair Mall have provided. (Ronan O’Doherty/ The News)
Community rallies to replace disabled man’s stolen trike

Steven Powell’s work mates are raising funds to purchase him a new set of wheels

Abbotsford’s Kris Collins turned to TikTok out of boredom when the provincial COVID-19 lockdown began in March 2020. She now has over 23 million followers on the video app. Photo: Submitted
Internet famous: Abbotsford’s Kris Collins is a TikTok comedy queen

Collins has found surprise stardom alone with a phone

Alina Durham, mother of Shaelene Bell, lights candles on behalf of Bell’s two sons during a vigil on Saturday, Feb. 27, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO and PHOTOS: Candlelight vigil for missing Chilliwack woman sends message of hope

Small group of family, friends gathered to shine light for 23-year-old mother Shaelene Bell

A Vancouver restaurant owner was found guilty of violating B.C.’s Human Rights Code by discriminating against customers on the basis of their race. (Pixabay)
Vancouver restaurant owner ordered to pay $4,000 to customers after racist remark

Referring to patrons as ‘you Arabs’ constitutes discrimination under B.C.’s Human Rights Code, ruling deems

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Approximate location of the vehicle incident. (Google Maps)
Vehicle incident blocking Coquihalla traffic in both directions

Both directions of traffic stopped due to vehicle incident

Judith Uwamahoro is Black, approximately 4’7″ tall, 80 pounds and has short black hair and brown eyes. (Surrey RCMP handout)
UPDATED: Lower Mainland 9-year-old located after police make public plea

Judith Uwamahoro went missing Friday at around 4 p.m. in Surrey

Five-year-old Nancy Murphy wears a full mask and face shield as she waits in line for her kindergarten class to enter school during the COVID-19 pandemic on Tuesday, September 15, 2020. THE CANADIAN PRESS/Nathan Denette
Variant of concern linked to COVID-19 outbreak at three Surrey schools

Cases appear to be linked to community transmissions, but schools will remain open

Nanaimo children’s author and illustrator Lindsay Ford’s latest book is ‘Science Girl.’ (Photo courtesy Lindsay Ford)
B.C. children’s writer encourages girls to pursue the sciences in new book

Lindsay Ford is holding a virtual launch for latest book, ‘Science Girl’

BC Ferries experienced heavy traffic on Feb. 27 following cancellations the day before due to strong winds and adverse weather. (Black Press Media file photo)
BC Ferries sailings fill up quickly after Friday cancellations due to high winds

Waits expected on Swartz Bay-Tsawwassen route, Horseshoe Bay-Departure Bay route

Most Read