A Dog is not Estate Property to be Acquired like a Chair or Table after one parent dies!!!

Recent signers:
Ida-Mae Fadden and 19 others have signed recently.

The Issue

An unbelievable Legal Dispute over my fur baby  

After my boyfriend Leonard passed away, his wealthy sisters spent over $200,000 to claim that Rocco, a dog Leonard and I acquired while on holiday, was his property and now belongs to them.

Despite the fact that

  • There was evidence Leonard had intended to gift me Rocco;
  • I loved and cared for him like my child;
  • I spent thousands on his food and medical care;
  • I was his primary contact at the vet;
  • He helped mitigate my mental health issues, as supported by my psychologist, therapist and family doctor; and
  • I had credible witnesses such as his dog walker and trainer,

the court ruled that Rocco was legally Leonard's property and ordered that I hand him over to the sisters.

As a result, Rocco became the FIRST dog in Canada to be a deceased's estate property, just like a table or chair. 

Why has this never happened before? Normally, the surviving pet parent continues caring for the pet. This has never been challenged in a Canadian superior court before.

You can watch our story on CBC National and follow our story on Instagram.

Why the gift test failed:

The judge ruled that while there was evidence

1. Leonard intended to gift Rocco to me, and

2. I accepted the gift, but

3. The gift was never delivered, as Leonard continued to exercise control over Rocco.

This case left me with $1:

The sister asked that as the winning party, I pay her legal costs. I am a public school teacher who did not have the means to pay her such a large amount, so she garnished my account, leaving me and my rescue dogs with $1 to survive on. Yes, your entire bank balance can be garnished in Canada. The cap is for wage garnishment. 

What now?

Rocco is and always will be my entire world, my heart, my child. The ache in my life without Rocco is so profound that no words can describe it. I am completely broken. Most days, it’s a struggle for me to get up and look forward to a future. 

I do not love Rocco any less than if he were my human child and my pain is no less than any other mother's.

I worry about him, not knowing where he is or how he’s doing. He’s a breed prone to separation anxiety and I blame myself everyday for failing him like this. 

 

avatar of the starter
Alisha VermaPetition StarterAnimal advocate

41,881

Recent signers:
Ida-Mae Fadden and 19 others have signed recently.

The Issue

An unbelievable Legal Dispute over my fur baby  

After my boyfriend Leonard passed away, his wealthy sisters spent over $200,000 to claim that Rocco, a dog Leonard and I acquired while on holiday, was his property and now belongs to them.

Despite the fact that

  • There was evidence Leonard had intended to gift me Rocco;
  • I loved and cared for him like my child;
  • I spent thousands on his food and medical care;
  • I was his primary contact at the vet;
  • He helped mitigate my mental health issues, as supported by my psychologist, therapist and family doctor; and
  • I had credible witnesses such as his dog walker and trainer,

the court ruled that Rocco was legally Leonard's property and ordered that I hand him over to the sisters.

As a result, Rocco became the FIRST dog in Canada to be a deceased's estate property, just like a table or chair. 

Why has this never happened before? Normally, the surviving pet parent continues caring for the pet. This has never been challenged in a Canadian superior court before.

You can watch our story on CBC National and follow our story on Instagram.

Why the gift test failed:

The judge ruled that while there was evidence

1. Leonard intended to gift Rocco to me, and

2. I accepted the gift, but

3. The gift was never delivered, as Leonard continued to exercise control over Rocco.

This case left me with $1:

The sister asked that as the winning party, I pay her legal costs. I am a public school teacher who did not have the means to pay her such a large amount, so she garnished my account, leaving me and my rescue dogs with $1 to survive on. Yes, your entire bank balance can be garnished in Canada. The cap is for wage garnishment. 

What now?

Rocco is and always will be my entire world, my heart, my child. The ache in my life without Rocco is so profound that no words can describe it. I am completely broken. Most days, it’s a struggle for me to get up and look forward to a future. 

I do not love Rocco any less than if he were my human child and my pain is no less than any other mother's.

I worry about him, not knowing where he is or how he’s doing. He’s a breed prone to separation anxiety and I blame myself everyday for failing him like this. 

 

avatar of the starter
Alisha VermaPetition StarterAnimal advocate

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