Who Keeps the Dog? Pet Ownership Disputes in Ontario
When a relationship ends, deciding who keeps the dog or cat can be the hardest part. Here is how Ontario courts usually approach it.
To the people who love them, pets are family. In Ontario law, though, pets are generally treated as property. That means disputes over who keeps a pet usually turn on who owns it, not on what is best for the animal.
Gather evidence of ownership: who bought or adopted the pet, whose name is on the papers, and who paid for food and vet care. A court can order the return of property in Small Claims Court, up to $50,000 in value.
Evidence of ownership
- Adoption or purchase papers, and who paid.
- Microchip, licence and registration in your name.
- Vet records and bills showing who paid.
- Messages about the pet, such as "your dog" or agreements to share.
Try to agree first
Many people agree on a fair arrangement, such as one person keeping the pet and the other receiving payment, or a written schedule. Put any agreement in writing.
Going to court
- A claim in Small Claims Court can ask for the return of the pet or payment of its value.
- Judges decide on the evidence of ownership.
Married or common-law?
Pets can also come up when a marriage or common-law relationship ends. Family law matters are outside a paralegal's scope, so speak to a family lawyer.
NEO represents plaintiffs and defendants in Small Claims Court across Ontario. Call 647-200-3526 or toll-free 888-519-2435, email info@neolegalservices.com, or book a free consultation.
Sources
Read next: Your Small Claims Document Brief: Getting Organized for Court
General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 15 October 2026: check the current law, forms and dates before you act.
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This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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