Cat called Nicholas Cage centre of BC landlord-tenant legal fight
A cat called Nicholas Cage and another called Vagrant became the centre of a custody dispute after a landlord who left the felines with his tenants for five years, took legal action to get them back.
According to a July 14 BC Civil Resolution Tribunal decision, landlord Kori Lancaster rescued Vagrant and Nicholas Cage as kittens sometime before Colinda Dreger and Christopher Lindstrom moved into his condo in 2017.
The landlord moved out of the condo leaving the two cats but claimed it was still his primary residence and he stayed multiple times a year after Dreger and Lindstrom moved in.
Dreger and Lindstrom dispute this and say Lancaster moved out of the condo when they moved in and left the cats. He came to visit about four or five times a year.
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In spring 2022, Lancaster gave Dreger and Lindstrom notice to move out as he would be moving back into the condo.
The couple moved out and took the cats they'd been looking after, and financially supporting, for five years.
However, when Lancaster moved back, he wanted Nicholas Cage and Vagrant back.
He then took legal action.
In the decision, the Tribunal mulled over the legal terms of "abandonment."
"In using the word 'abandonment,' I do not need to find the applicant was heartless or negligent in handling the cats. I accept the parties all care about Vagrant and Nicholas," the Tribunal said. "Rather, abandonment is a legal term that may apply to (Lancaster's) decision to leave the cats in the (couple's) care for a prolonged period."
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The couple argue that they have looked after the cats and covered expenses of $2,200 to $2,500 a year and Lancaster has never offered to pay them.
"Mr. Lindstrom says (Lancaster) had "ample opportunity" to take the cats when visiting the condo but "never even asked," the decision said.
Lancaster argues he never gave the couple any money because they didn't ask.
"Even if that is the case, I find a reasonable and responsible pet owner would consider the expense of pet care and maintenance, and at least raise it with any person with whom they left their pet, rather than wait for that person to request compensation for these costs, particularly where the pet owner’s absence may be a long one," the Tribunal ruled.
Lancaster also argued he purchased licences for the cats and he's down as the registered owner at the vet Nicholas Cage and Vagrant go to.
The Tribunal dismissed the argument.
Lancaster then argued about the cultural and spiritual significance of animals within Indigenous communities and the "profound impact" that separation from Vagrant and Nicholas has had on his emotional well-being and sense of connection to his heritage.
However, the Tribunal didn't buy it.
"I acknowledge and respect (Lancaster's) views, feelings, and lived experience. However, I find these considerations do not directly affect (his) ownership claim to Vagrant and Nicholas," the Tribunal ruled.
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"Overall, I find (Lancaster) made no genuine effort to seek the cats’ return until moving back to the condo in May or June 2022," the Tribunal ruled dismissing his case.
The result means Vagrant and Nicholas Cage will remain with the couple who cared for them for the last five years.
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