- May 17, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation in Canada
A year ago, I relocated to a new apartment in Canada. The original tenant requested me to look after her cat for a few months, as she couldn’t bring it to her new place. What was initially supposed to be a short-term arrangement has extended into a year. Throughout this time, the cat’s owner didn’t visit or contribute towards its upkeep.
With no communication or financial support from the original tenant, I assumed responsibility for the cat’s well-being. Recently, the owner contacted me, demanding the cat’s return. However, after neglecting the pet for over a year, it seems unjust to hand it back.
Now, I have received a warning from the local police department, stating that I must return the cat promptly because it is still legally owned by the original tenant. Failure to comply could lead to theft charges below $5000. Despite forming a bond with the cat and considering it a part of the family, I am conflicted about the legal implications.
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****** just grabbed a
This is not prosecutable.
On what’s written, you were responsible and provided for a cat that the previous owner abandoned. The previous owner is able to sue you civilly if that’s her desire, but this is not a Criminal Code theft. Contact the police of jurisdiction, talk to the police officer who contacted you and explain that the cat was abandoned. If you’re able to, or if it’s requested, provide vet receipts, food receipts, etc. No Crown would approve a theft under $5,000 offence for this as it’s written.
Are you sure it was actually the police calling?
Bill them for the food and veterinary care.
Cat sitting, $20/day plus vet costs – tell them you will return the cat after they have paid the bill in full
Did you communicate with people who abandoned the cat during that time? That correspondence could prove beneficial. If you made attempts to contact them after the first ‘few months’ and they ignored you. That can be used to establish abandonment.
You having vet records and receipts of care can establish ownership.
It comes down to property ownership.
Why the police are involved is unusual. At best, it’s a civil property issue. The police should know this.
The previous owner would have to sue you. And in turn, you just counter sue for all the costs incurred.
cop is an idiot.
It would be a shame if the cat somehow “got out and has been missing ever since”.
This isn’t legal advice, but you should politely tell them to get fucked.
The cat was abandoned and they did not set the expectation that it would be picked up. They didn’t keep in contact. No judge will actually charge you. You can surely scrounge up some bills or receipts, but it won’t even come to that.
Put in a complaint of abandonment in at your spca or Provincial Vet. Cops don’t usually get involved with this (I suspect the call might have been fake or she has a friend in law enforcement). Do you have vet records and is cat microchipped in your name to prove ownership? Tell her to take you to small claims court… don’t give the cat back.
As a cat obsessed cat owner myself, I couldn’t imagine leaving my baby with someone else without constantly checking in with her and visiting her non stop. While I feel slightly empathetic to the previous owners (emphasis on PREVIOUS) missing the cat, I feel mostly for the cat. It’s unfair to the cat to be placed back into her care at this point and the cat is clearly better off with you. If the precious owner truly cared and loved her cat, she would have been constantly checking in and making sure you and the cat had everything it needs. This is what I’d do for my pet.
There you go. That’s your case argument. And as you noted you registered the cat to you and have vet bills as proof of ongoing care. Let her take you to court so she can be laughed out of it.
Have you had to take the cat to the vet? Is the cat microchipped? Usually when there is a dispute like this (from what I have read) whoever has that paperwork will be determined the owner. Do you think this person has anything to prove they once owned the cat?
$20/day for boarding fee. When outstanding debt is paid, you can have your cat back.
Is this real? Was it actually a police officer? Hard to believe they would be involved.
They want the cat back. They can pay 12 months of boarding. $30/day sounds fair to me.
Not to be more of a prick than I usually am and not a cat person but, suggest to the police person you are speaking to that you are holding the “property” in question until you are reimbursed for 12 months of board’ for said property. Cats are so fussy that I think a grand in cash may be a bargain?
…. did she go away to university? I’m pretty sure she posted about this…. anyone?
Do nothing.
Prepare an invoice for costs associated with care and feeding, add some padding for lost income while caring for the cat (eg couldn’t take extra shifts, overtime, had to use sick days, etc) – and communicate that you’re prepared to return the cat when the bill is settled.
Willing to bet this slows the “owner’s” roll 😉
Go to Spca and see if you can get the chip transferred to your name. I was in a similar situation and the spca came with a crate to collect the cat. We said no, explained the situation and they were immediately on our side. Chip transferred and everything.
My situation differs from yours as the police hadn’t Already confirmed
So you tally up your costs for 9 months of care.
https://www.merriam-webster.com/dictionary/few
Defines a few as 2 or 3. So 9 months of care at 36 dollars a day or how ever mong you ha e had the cat over a few months.
https://catutopia.ca/
At 30 days per month, 35 dollars a day for 9 months is about 9.5 K. Present a bill for 9.5 k and say this is what is owed.
There was an article in The NY Times with something very similar. What they did was counter sue charging for boarding the animal for a year at an exorbitant rate. The other person then backed down.
https://www.nytimes.com/2024/04/26/style/modern-love-selfishness-dog-custody.html?smid=nytcore-ios-share&referringSource=articleShare&sgrp=c-cb
I watched to many judge Judy episodes , she will said : that the cats it’s yours.
Who paid vet bills in the past year?
Charge that cat room and board. She has an outstanding debt and the cat is collateral
This is a civil matter. Police can’t charge you for theft in this case.
That cat actually passed away and you loved it soo much you adopted a replica
I’m from Australia so no idea law wise but I would send her an invoice for $5000 for the pet sitting fee and say when you get paid, she gets her cat back. Either you will end up being $5000 richer or you will keep the cat 🙂
That’s a civil matter. If police actually told you that then they were bluffing and definitely over stepping. What is more likely is that someone called you pretending to be the police.
I mean you could likely fight it and depending on the reaction of the previous owner it could be a drawn out pissing match.
I think I’d give the cat back in your situation though , it’s unfortunate, but there’s lots of cats in shelters you could adopt.
Just wanna put it out there that “a couple” means exactly two… therefore she asked you to watch the cat for two months.. and past that timeline without any re-confirmation or update on the situation.