Is the “Best Interests of the Cat” an Actual Legal Test? Alberta Court says no.

While the “best interests” concept may have a foothold in British Columbia where pets are involved, the recent Alberta decision rendered in Singh v Smith, 2025 ABKB 715 says that it does not have a foothold here in Alberta. The “best interests” test is used for parenting of children after parents’ separation, not pets.

A former couple, Mr. Singh and Ms. Smith, engaged in this litigation because they each wanted (now that they are separated) sole possession of the four cats that they acquired while together.

In December 2024, the Alberta Court of Justice awarded two of the cats (Zora and Samara) to Mr. Singh and two (Salem and Diablo) to Ms. Smith. Singh v Smith, 2025 ABKB 715 is Mr. Singh’s appeal of that decision.

Both Mr. Singh and Ms. Smith asked the Court to apply the “best interest of the cats” test in its determination of where the cats should go. However, the Court declined to take this approach and denied Mr. Singh’s appeal to get sole custody of the four cats. The cats were left where they were (two with Mr. Singh and two with Ms. Smith). The Court cites the following reasons (among others):

• There is no recognition in Alberta of the “best interests” test regarding pets.
• There is no analog in Alberta’s Family Law Act to the companion pet provisions of the British Columbia statute.
• It is inappropriate to make what are effectively custody rulings in a property matter.
• Parenthood and pet ownership should not be conflated. The legal test applicable to determining parenting after separation should be different than that for deciding the placement of pets after separation. Both parents of a child have all the obligations of legal guardianship unless severed by the Court. The sole job, function and duty of a parent is to provide the foundation for a successful life for the parent’s child. Thus, the whole purpose of parenthood is to nurture and guide the child on the journey of self-actualization so that the child can become the best person she or he can be and contribute to society in a positive way. Accordingly, society has a vested interest in the success of all children. For that reason, a detailed inquiry into “best interests” and parenting arrangements is necessary. On the other hand, it is indisputable that pets are property. Further, the purpose of pet ownership is companionship. A similar detailed inquiry regarding pets is not necessary in our society.
• To use the term “best interests” in reference to cats and pets is, with respect, overstating the nature of the inquiry that is required.