Dog at the centre of unprecedented Ontario legal battle after death of man who bought it
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, an Etobicoke, 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, 33, 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 she lived with Leonard in his home prior to his death, and that Rocco has belonged to 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.”
Aliesha Verma and Rocco Junior can be seen above. (Handout by Verma)
‘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.”
Rocco Junior can be seen above. (Handout by Verma)
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.
CTVNews.ca Top Stories
Western University researchers unlock potential 'cure' for ALS
New research out of London, Ont.'s Western University is shedding light on a potential cure for ALS, in which the targeting of the interaction between two proteins can halt or fully reverse the disease's progression.
What Michael Cohen said on the stand in Trump hush money case
The star prosecution witness in Donald Trump's hush money trial took the stand Monday with testimony that could help shape the outcome of the first criminal case against an American president.
Collapsed Baltimore bridge span comes down with a boom after crews set off chain of explosives
Crews conducted a controlled demolition Monday to break down the largest remaining span of the collapsed Francis Scott Key Bridge in Baltimore.
Police release 3D images of young child found in an Ontario river two years ago
Police have released a three-dimensional image of a young child whose remains were discovered in the Grand River in Dunnville, Ont. almost two years ago.
Kamala Harris drops F-bomb during White House live-stream
U.S. Vice-President Kamala Harris used a profanity on Monday while offering advice to young Asian Americans, Native Hawaiians and Pacific Islanders about how to break through barriers.
Behind the barricades: How protesters spend their first days in a new encampment
Students in Montreal describe life in a newly erected encampment in Montreal as a whirlwind of preparations, from facing rain and a potential police crackdown to setting up a space for the exchange of ideas.
Security video caught admitted serial killer disposing of bodies in Winnipeg garbage bins
Security video caught admitted serial killer Jeremy Skibicki on multiple late-night outings, disposing of body parts in nearby garbage bins and dumpsters in the middle of the night.
Next 48 hours will be 'extremely challenging' for B.C. wildfire crews near Fort Nelson: officials
A wildfire burning dangerously close to Fort Nelson, B.C., has grown to more than 50 square kilometres, and officials are warning that the blaze's behaviour is expected to become more volatile over the next 48 hours.
Southern Ont. man charged with attempted murder in Timmins shooting
One of two men wanted for attempted murder in Timmins has been arrested, while a warrant has been issued for a second suspect, who fled police on foot.