(JENNIFER STAHN / iNFOnews.ca)

A rottweiler caught up in a love triangle has had its fate decided by the courts after its owners took legal action to settle who owned the dog.

According to a May 20 Civil Resolution Tribunal decision the rottweiler, called Onyxia, was purchased by Elaine Hughes and Philip Arnold in 2017 when they were a couple.

After they split up they came to a shared custody agreement of Onyxia.

In 2019 Arnold then began a relationship with Lori Arscott.

The couple had an on and off relationship for a couple of years and Arnold regularly moved in and out of Arscott's apartment during their relationship, sometimes leaving Onyxia with her.

In February of 2021 Arnold and Arscott split up for good and Arnold asked for Onyxia to be returned.

However, Arscott refused and barred both Arnold and Hughes from seeing Onyxia. 

Teaming up with his former partner, Arnold and Hughes then took Arscott to the Civil Resolution Tribunal in order to have the dog returned.

"I accept that all parties are emotionally attached to Onyxia. However, the law treats pets as personal property, rather than family members," the decision reads.

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The Tribunal then had to decide who Onyxia's rightful owner was.

All three submitted photos and receipts for pet supplies, and vet bills as evidence to show that each of them had spent time with Onyxia.

Arscott says Arnold gave her Onyxia and claims they had a verbal conversation about it.

Arnold denies such a conversation ever took place.

Arscott submitted numerous witness statements from friends and family members to support her claim, but the Tribunal dismissed them because none of the witnesses were present for the alleged conversation.

She also submitted a witness statement from her registered counsellor, Alan Boden, but the Tribunal wasn't impressed.

"(Boden's) opinion appears to be a breach of his ethics and patient confidentiality obligations, given Mr. Arnold was also Mr. Boden’s patient and did not consent to the private information shared in the statement," the Tribunal ruled. "To share the information here would be inappropriate given Mr. Boden’s apparent confidentiality and ethics breach."

Ultimately, the Tribunal ruled there was no evidence to support the alleged conversation where Arnold gifted Onyxia to Arscott.

The Tribunal also orders Arscott to pay Arnold an $800 per deposit he'd paid so Onyxia could stay at Arscott's apartment.

In a counterclaim, Arscott then argued she should then be reimbursed for Onyxia’s expenses over the last two years for roughly $3,000.

However, the Tribunal ruled that as she had refused to give Onyxia back, she could not claim the expenses.

Arscott now has 30 days to hand over Onyxia to Arnold and Hughes.

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