twodogsandacat
April 22nd, 2005, 06:37 AM
This story has been playing out in Toronto for a while. I have to agree with the judge on this one.
http://www.torontosun.com/News/TorontoAndGTA/2005/04/22/1008210-sun.html
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AFTER SIX months, it was love at first sight. Pluto, a 6-year-old Dalmatian, was reunited last night with his owner Demetre Papadopoulos after a small claims court ruled that he shouldn't have been given to a new owner by the Toronto Humane Society.
When Papadopoulos came into view, Pluto, who had been subdued, began to whimper loudly and wag his tail madly.
"He is my baby and he's coming back to me," Papadopoulos said. "I feel so young. I love him so much. He has been six months away from me. The first thing we are going to do is play." The former painter who lives alone on disability insurance says his once jet-black hair turned grey since he lost ownership of Pluto.
AILING GRANDMOTHER
Papadopoulos went to Greece in October 2004 for a month to visit his ailing grandmother and paid his accountant, David Dubois, to care for Pluto.
The English-speaking dogsitter got fed up with Pluto, who according to Papadopoulos only understands commands in Greek, and took the pooch to the pound.
Dubois claimed he had legal title for Pluto and signed a surrender form over to the humane society.
GOOD FAITH
Five days before Papadopoulos returned home, the humane society allowed Pluto to be adopted by Peter Tustin, who refused to return the dog to his owner.
Tustin's lawyer argued Pluto was "chattel" and because the dog was in the possession of the humane society it was purchased in good faith.
"Dubois had possession of chattel and decided to relieve himself of that possession. The human society obtained valid title with surrender papers," lawyer Pell Capone said.
The court ruled the humane society can't transfer a title that it never owned.
Tustin plans to appeal.
Humane society president Tim Trow says he is appalled.
"It brings into doubt every adoption and endangers animals' lives."
http://www.torontosun.com/News/TorontoAndGTA/2005/04/22/1008210-sun.html
************************************************** ****
AFTER SIX months, it was love at first sight. Pluto, a 6-year-old Dalmatian, was reunited last night with his owner Demetre Papadopoulos after a small claims court ruled that he shouldn't have been given to a new owner by the Toronto Humane Society.
When Papadopoulos came into view, Pluto, who had been subdued, began to whimper loudly and wag his tail madly.
"He is my baby and he's coming back to me," Papadopoulos said. "I feel so young. I love him so much. He has been six months away from me. The first thing we are going to do is play." The former painter who lives alone on disability insurance says his once jet-black hair turned grey since he lost ownership of Pluto.
AILING GRANDMOTHER
Papadopoulos went to Greece in October 2004 for a month to visit his ailing grandmother and paid his accountant, David Dubois, to care for Pluto.
The English-speaking dogsitter got fed up with Pluto, who according to Papadopoulos only understands commands in Greek, and took the pooch to the pound.
Dubois claimed he had legal title for Pluto and signed a surrender form over to the humane society.
GOOD FAITH
Five days before Papadopoulos returned home, the humane society allowed Pluto to be adopted by Peter Tustin, who refused to return the dog to his owner.
Tustin's lawyer argued Pluto was "chattel" and because the dog was in the possession of the humane society it was purchased in good faith.
"Dubois had possession of chattel and decided to relieve himself of that possession. The human society obtained valid title with surrender papers," lawyer Pell Capone said.
The court ruled the humane society can't transfer a title that it never owned.
Tustin plans to appeal.
Humane society president Tim Trow says he is appalled.
"It brings into doubt every adoption and endangers animals' lives."
