Rocco Junior is just over a year old with a glossy grey coat and a tongue that often flops out of the side of his mouth – he’s also the subject of an unprecedented legal battle in Ontario scheduled to unfold this summer.
“It was just shocking to me that this can even happen,” Aliesha Verma, a Brampton, Ont. resident currently in possession of the mixed breed pup, told CTV News Toronto in an interview in early June. “I’m very scared and the thought [of forfeiting him] is unbearable.”
Verma says the dog was given to her as a gift in February 2022 by her late boyfriend, Leonard Carvalho – a claim that’s being disputed by Carvalho's sister, who, as part of estate proceedings, has applied with the courts to have the dog handed over.
Verma says Rocco has lived with her since he was six weeks old.
“The amount of stress and anxiety Rocco would have to experience being separated from the only mother he's known – that’s just so terrifying for him,” she said.
When reached for comment, a legal representative for the Carvalho family told CTV News Toronto they would not provide comment on the matter while it remained before the courts. A notice of application filed on behalf of Carvalho's sister, however, claims Verma was never the legal owner of Rocco, that she has repeatedly refused to return the dog, and that her possession of the dog remains unlawful.
The hearing to determine Rocco's fate is scheduled for Aug. 3 in a Brampton, Ont. courthouse.
“This is the first estate case in Ontario establishing the ownership of a companion animal to go to litigation,” Verma’s lawyer Miranda Desa told CTV News Toronto.
The case also serves as a lens on the current legal treatment of companion animals in the country, Desa said. In Canada, pets are not awarded any familial rights in the eyes of the law – they’re treated as general property.
"We're dealing with a will that doesn't even talk about Rocco," Desa said. "There's a general clause about property that they're relying on to make these claims for Rocco."
In turn, if the courts were to side with Carvalho’s family, it would establish a legal foundation to pull animals away from pre-existing living conditions, even if they are not specifically named in a person's estate planning.
“The trustee would then have the ability, theoretically, to deal with the animal as they would deal with any other estate property, the same way that they would deal with a table or a lamp,” Desa said. “They sell it, or transfer ownership, or they could even put the animal down.”
‘JUST LIKE ANY OTHER PERSONAL PROPERTY’
Pet owners should make specific plans for their furry friends in the event of a death, says Kim Cura, an estate litigator at Lerners LLP.
“So many pet owners treat their pets as family,” Cura said. “There needs to be more awareness of the current treatment of animals of the law.”
Unless your pets are specifically addressed within your estate planning, “then, unfortunately, they will be treated just like any other personal property, like a car or jewelry,” she said.
When it comes to the Carvalho application, Cura said the respondents will need to prove that Rocco Junior was indeed a gift, which could be a difficult task to achieve.
“For those of us who are very protective of our pets, I think it would be very well advised to speak to their estate planning lawyers," she said.
‘RECOGNITION OF SENTIENCE’
Come August, Desa will make the argument that Rocco was a gift to Verma from Leonard, and therefore, should remain with Verma.
While she knows this case alone can't change the way Canadian law treats pets, Desa said she hopes it can push the needle toward a legal viewpoint rooted more firmly in compassion and one that acknowledges the best course of action for an animal.
“I would like to see companion animals being given recognition of their sentience as individual beings or entities, and laws that take into consideration their best interest,” she said.
She also hopes that the visibility of the case will educate and empower more people on their legal rights when it comes to animal ownership.
“It's certainly a big stress and challenge for clients to deal with this kind of lawsuit – not everyone has the means,” Desa said. “So a lot of people who wouldn't necessarily go through with this path of recourse, [could] be influenced by the outcome of this proceeding.”
To raise money to cover the cost of legal fees, a GoFundMe has been launched in Verma and Rocco’s name. At the time of publication, it amassed just over $2,600 of its $15,000 goal.
With the hearing just over a month away, Verma said she’s focused on caring for Rocco.
“When [Leonard] died, Rocco was the reason that I got up in the morning, that I went grocery shopping, that I got out of the house,” Verma said. “It just feels like I always have a best friend. I have a family. I have a son – he's all of those things for me.”
“I don’t know what I would do without him,” she added.
