Close Menu
  • Home
  • Election 2026
    • Canada Elections
    • USA Elections
    • UK Elections
    • World Elections
  • Canada
  • World
  • Politics
  • Money
  • Health
  • Entertainment
  • Lifestyle
  • Opinion
  • Sports
  • Tech
  • Travel
  • More
    • Auto
    • Climate & Environment
    • Defense
    • Health
  • Who We Are
What's Hot

Nova Scotia Sets Offshore Wind Fees in New Law as Massachusetts Signs On as a Buyer

February 24, 2026

Eight Killed in Tumbler Ridge School Shooting, One of Canada’s Deadliest

February 10, 2026

Troops Pour Into Yellowknife as Operation Nanook-Nunalivut Begins in the North

February 9, 2026
Facebook X (Twitter) Instagram
The Canadian Post
Facebook X (Twitter) Instagram
Subscribe
  • Home
  • Election 2026
    • Canada Elections
    • USA Elections
    • UK Elections
    • World Elections
  • Canada
  • World
  • Politics
  • Money
  • Health
  • Entertainment
  • Lifestyle
  • Opinion
  • Sports
The Canadian Post
Home » Alberta judge upholds cat-custody ruling: pets are property, not kids
Prairies & British Columbia

Alberta judge upholds cat-custody ruling: pets are property, not kids

The Canadian PostBy The Canadian PostJanuary 16, 2026Updated:October 23, 2026No Comments3 Mins Read
Share Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email Copy Link
Follow Us
Google News Flipboard
Alberta judge upholds cat-custody ruling: pets are property, not kids
Image: Stanglavine / Wikimedia Commons (CC BY-SA 4.0)
Share
Facebook Twitter LinkedIn Pinterest Email

An Alberta Court of King’s Bench judge has upheld a ruling that splits four cats evenly between two former partners, two cats each. Justice Douglas Mah rejected a “best interests of the cats” test, holding that under Alberta law pets are property to be divided fairly, not children whose custody turns on their welfare.

Four cats, two people, one breakup

Kishan Singh and Reba Smith lived together for six years and acquired four cats during the relationship: Salem, Diablo, Zora and Samara. When the couple separated in March 2023, the cats became the subject of a protracted legal fight.

A trial in November 2024 divided the animals equally — Zora and Samara to Singh, Salem and Diablo to Smith. Neither side accepted the outcome, and both appealed, each arguing in effect that the court should have asked which home would be best for the cats.

In his appeal decision, cited as Singh v Smith, 2025 ABKB 715, Justice Douglas Mah dismissed that argument. Parenthood and pet ownership are not the same thing, he wrote, and Alberta courts will not import the “best interests of the child” framework into disputes over animals.

Property — but not quite like a sofa

Mah was clear that pets are no longer treated in law as purely inanimate property, and that companion animals form real emotional bonds with the people who care for them. But he concluded that a “best interests of the animal” test has no foothold in Alberta law, however much sympathy it might attract.

That does not make care irrelevant. Mah said society does not condone mistreatment or cruelty to animals, and whether someone is capable and willing to care for a pet is — and should be — a factor in determining ownership. What the court examines, though, is ownership: how the animals were acquired, who owned them, and what division of the jointly owned property is fair.

On that basis, the two-and-two split stood.

A different rule next door

The ruling throws a cross-country patchwork into relief. In British Columbia, amendments to the Family Law Act treat companion animals as family members rather than ordinary property, and courts there must consider a list of factors — including each person’s ability and willingness to care for the animal and any history of family violence — when deciding who keeps a pet after a breakup.

Alberta has made no such change. Mah noted the “best interests” approach might have a foothold in B.C., but not in Alberta, and he gave reasons for resisting it: applying a child-custody test to animals risks anthropomorphizing them, and courts dividing property need ownership evidence, not a contest over affection.

What separating pet owners should know

For couples who split up in Alberta, the practical lesson of Singh v Smith is that the paper trail matters more than the bond. Courts will look for purchase or adoption records, registration and veterinary documents, and evidence of who paid for and provided care, and they may divide animals between the parties rather than awarding all of them to one person.

Lawyers say the surest protection is a written agreement — made while a relationship is healthy — setting out who keeps which pet if it ends. Without one, Alberta courts will treat the family cat or dog the way this judgment did: as beloved, certainly, but in law, as property to be shared out fairly.

Alberta courts animal law Court of King's Bench family law pet custody Singh v Smith
Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
The Canadian Post

Related Posts

Eight Killed in Tumbler Ridge School Shooting, One of Canada’s Deadliest

February 10, 2026

Three Southern Alberta Mustangs Players Killed in Highway Crash Near Stavely

February 2, 2026

Insured flood costs estimated at $74M in B.C.’s Fraser Valley

January 16, 2026

Recent Posts

  • Nova Scotia Sets Offshore Wind Fees in New Law as Massachusetts Signs On as a Buyer
  • Eight Killed in Tumbler Ridge School Shooting, One of Canada’s Deadliest
  • Troops Pour Into Yellowknife as Operation Nanook-Nunalivut Begins in the North
  • Trump Threatens to Block Opening of Gordie Howe Bridge as Canada Pushes Back
  • Canada Opens Consulate in Nuuk as Arctic Sovereignty Race Intensifies

Recent Comments

No comments to show.
Facebook X (Twitter) Pinterest Vimeo WhatsApp TikTok Instagram

Subscribe to Updates

Get the latest news from The Canadian Post.

© 2026 The Canadian Post
  • Privacy Policy
  • Terms
  • Accessibility

Type above and press Enter to search. Press Esc to cancel.