Myatt v. Benjamin

The adjudicator found the claimant did not abandon the cat because abandonment requires a clear manifest intent to divest ownership; the claimant retained ownership and the defendants took the cat without consent, so the proper remedy is delivery up to the claimant and an award of costs as ordered.

Citation: 2022 NSSM 11
Parties: Claimant: Donald T. Myatt; Defendant: Ashley Benjamin (noted in evidence as Ashleigh Benjamin); Defendant: Jacob Cameron
Court: Nova Scotia Small Claims Court
Jurisdiction: Canada
Judgment Date: 14 April 2022
Procedural Posture: Small Claims Court Claim / Decision After Hearing (adjudication)
Outcome: Claimant successful; ownership and possession of the cat awarded to claimant.
Legal Topics: Pet Ownership, Abandonment of Property, Delivery Up of Chattels, Costs
Source Language: English

Property Law Animal Law Civil Procedure Pet Ownership Abandonment of Property Delivery Up of Chattels Costs

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2

Parties

Donald T. Myatt

Claimant

Ashley Benjamin (noted in evidence as Ashleigh Benjamin)

Defendant

Jacob Cameron

Defendant

Procedural Posture

Small Claims Court Claim / Decision After Hearing (adjudication)

Legal Issues

1 Whether the claimant retained ownership of the cat
2 Whether the claimant abandoned the cat
3 Whether defendants acquired ownership by adoption or abandonment

Ratio Decidendi

Court Disposition

Claimant successful; ownership and possession of the cat awarded to claimant.

Orders

Cat to be delivered up to the claimant forthwith in its current state of wellbeing.
If parties cannot arrange logistics for return, Adjudicator remains seized to set terms for return.