What is the legal test for interim custody of a pet dog?

British Columbia, Canada


The following excerpt is from Sagoo v. Murray, 2016 BCPC 376 (CanLII):

The court in Haywood v. Carrasco, 2016 BCPC 71 (CanLII), also dealt with an interlocutory application regarding the interim custody of a pet dog. The court, at paras. 18 to 20, discussed the various formulations of the legal test as follows:

In the Watson v. Hayward case (supra), the court applied the following four part test to an interlocutory application respecting the detention, preservation and recovery of property where that property was a pet dog: 1. Whether there is an issue to be tried: 2. Whether the applicant has demonstrated a strong prima facie case; 3. Whether irreparable harm will result not compensable by damages at common law if the interlocutory order is not granted; and 4. Where the balance of convenience lies.

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