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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have a situation with my boyfriends brother And while it

Customer Question

I have a situation with my boyfriends brother
And while it may seem to some a small issue it is big to me.
My boyfriend and I live common law in my mom house now my house since my mom passed away Feb of 2016 due to cancer.
I inherited her house.
Before this the three of us lived together in a condo 2 bedrooms. Ron the brother is in a wheelchair and owner of the condo. Don is my boyfriend and we paid the monthly condo fees as rent to Ron.
We have 4 cats Bella Bello measha and Tigger.
I got Bella and Bello before I met don and when I met don he had Tigger and measha.
Ron believes Tigger and measha are his cats legally.
In fact they were don's cats.
When I moved into the condo in mississauga with don and Ron the three of us along with the four cats lived together.
This was January of 2015.
We all got along great. I took care of Ron and all 4 cats.
Measha needed to be spayed and Tigger needed to be shaved as he had knots in his fur.
Legally Tigger and measha belonged to don but Ron in addition to being in a wheelchair is also mentally not 100%.
Ron suffered a head injury that caused brain damage.
Ron thinks Tigger and measha are legally his.
Ron cannot take care of them without the assistance of his psw worker or someone in general.
His one hand is useless and he can not clean the litter for the example.
He has never taken Tigger nor measha to the vet nor paid for any medical care.
Knowing how expensive Cats are if they get ill I took out an insurance policy for their health in case they get sick. It also covers things like needles wellness teeth cleaning and health in general.
I pay almost 240 for 4 cats monthly and never missed a payment.
June 1 2015 was the first payment and we still pay currently.
Ron cannot take them physically to the vet if they get sick never mind the fact that he had no money to pay for their vet bills.
Don and I take them to the vet and I pay the vet bills.
In mississauga when you have a cat you need to pay a registration fee and the owner of the cat is clearly marked on the paper.
Until yesterday don deluca my boyfriend was Tigger and measha legal owner but now I paid 20 for each Cat and with permission of my boyfriend they are now legally my cats.
I have paperwork from the pet insurance and the vet and the mississauga animal services that measha and Tigger are mine.
The other two cats Bella and Bello are with don and I in my mom house in toronto where we currently live.
On may 1 2016 Ron moved into a new one bedroom condo and sold the two bedroom condo since don and I were now going to live in my mom house that I inherited in toronto.
I ONLY left Tigger and measha with Ron cause I have a heart. I did NOT give ownership of my cats Tigger and measha to Ron and before I agreed to let them live with Ron we verbally told Ron that measha and Tigger were ours legally and that Ron was like uncle Ron but that don and I were mom and dad and if he did not take care of them properly I would take the cats away from him.
Recently don and Ron had a huge falling out.
Don has washed his hands of his brother and Ron is mad at don so Ron lives in a one bedroom luxury condo place with high security.
Ron put both my name as well as don's name into the security desk and we are not allowed even on the property.
I did try to get the cops involved bur the best I accomplished so far was to get my name off of the shit list at the security desk.
The cops said I would need to go to court to get a judge to say the cats are my property before I can remove them from ron's condo and take them home where I live.
What are my chances of winning if I sue Ron for my cats back?
How long will this take?
Submitted: 10 months ago.
Category: Canada Law
Expert:  Debra replied 10 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Customer: replied 10 months ago.
I have paper work from 3 places
The vet which shows the money I paid for all 4 cats and the cats at the vet are all under my name
The insurance the 4 cats are under both luisa zeni and don deluca
The mississauga animal services knows me luisa zeni as their owner as well
The cops said they can not force Ron to give me my cats that only a judge can say they are mine and then if needed a sheriff would come with me to get them from ron's condo But the cop was able to get Ron to take my name off of the security block list and this has been confirmed with security.
Customer: replied 10 months ago.
Ron does not know that the cops will not go any further.
I am not looking forward to going to court cause of family tension it is already high between Ron and don. I also do not have extra money to pay for stuff like filing if there is a charge.
Customer: replied 10 months ago.
I texted Ron yesterday after talking to security in his condo building to make sure my name was off and told him I am coming by today quickly to see how the cats are but Ron did not text me back.
Customer: replied 10 months ago.
The cats are okay because I talk to ron's psw and the psw told me they are okay so it is not a case of them being abused.
Tigger and measha have their needles done but Tigger might need to be shaved down again not sure.
I love all of my cats.
Yes I go overboard for them cause they are like my children and I have no children so I do treat them well.
I am not sure but I think Ron did not expect me to call the cops.
Expert:  Debra replied 10 months ago.

I'm sorry to hear of this difficult situation.

There is no doubt that the cats belonged to Don. They were never Ron's. Don gave them to you. They are now your cats.

You can sue Ron in small claims court and can self represent. I know you said you don't want to do that you will not succeed in getting the cats back if you do not.

It may be that you can first have a lawyer send a demand letter to Ron and maybe Ron will get scared and give the cats back.

But either you or lawyer must send Ron a letter giving him a deadline for giving you back the cats. In the letter tell him that if he fails to comply you will commence legal proceedings and then will be seeking your costs.

You can then proceed to sue him in small claims court and you can self represent. If it gets that far and you find you need some help as you go through the process you can always post on the site again and I can assist you further.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 10 months ago.
What are my chances of winning if I take him to small claims court?
Expert:  Debra replied 10 months ago.

As I have already said, the cats are yours and so your chances are very high that you will succeed in court.

Customer: replied 10 months ago.
How much will it cost me to take my brother in law to court?
My money is limited right now.
And how long does it take to get this all done to the point that the cats can be legally taken out of his condo and into
Expert:  Debra replied 10 months ago.

You would self-represent so it would just cost $50 for the filing fee at court and if you win he will have to pay you back for that.

It will take several months to get a trial.

Expert:  Debra replied 10 months ago.

Is there anything more I can help you with at this point in time?

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