An Alberta judge has resolved a dispute between two former spouses by dividing a group of cats between them, emphasizing that pets should not be equated with children under Alberta law. Justice Douglas Mah ruled that the criteria for determining parental responsibilities after a separation should differ from those used in deciding pet ownership arrangements.
The case involved Kishan Singh and Reba Smith, who lived together for six years before separating in March 2023. They had four cats together: Salem, acquired from an online ad, Diablo from the SPCA, and Zora and Samara, both rescued strays. The conflict escalated when Smith left the home following an argument, only to find the cats missing upon her return the next day, taken by Singh.
After a legal battle, a lower court granted each party custody of two cats, as both were deemed capable of caring for them. Singh appealed to Justice Mah, arguing for full ownership of all four cats in the pets’ best interests. However, Mah maintained that pets are considered property in Alberta, and each ex-spouse was allotted two cats.
While acknowledging the emotional bond between pets and humans, Mah emphasized that pets are primarily companions and that ownership should be based on the ability and willingness to care for the animals. He rejected Singh’s plea for costs incurred while caring for the cats and upheld the lower court’s decision.
Mah concluded that while society values animal welfare and recognizes the emotional capacity of pets, there are limitations to considering pets’ emotional lives in legal disputes, drawing a distinction between pets and children in custody matters.
In a final ruling, Justice Mah settled the cat custody case, underscoring the importance of responsible pet ownership and the legal status of pets as property.