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Surrey dog custody battle heads to B.C. Supreme Court

A Surrey terrier cross named King is at the centre of a custody battle in B.C. Supreme Court. Associate Judge Susanna Hughes dismissed an interim bid by Jennifer Anne Gass to regain possession of the dog from her former partner, Brian Matthew Hill. The court noted King has lived with Hill for 18 months, is well cared for on his Cranbrook property, and moving him again would not serve his best interests. Final ownership will be decided at trial.

Surrey dog custody battle heads to B.C. Supreme Court

A Surrey terrier named King is at the centre of a B.C. Supreme Court custody dispute after former partners clashed over ownership and care.

Surrey Dog Custody Dispute Lands in B.C. Supreme Court

The case before the court

A Surrey terrier cross named King has become the subject of a bitter custody dispute heard in B.C. Supreme Court, New Westminster. The case, involving Jennifer Anne Gass and Brian Matthew Hill, arose after the breakdown of their relationship and competing claims over who should keep the dog.

Judge’s interim ruling

Associate Judge Susanna Hughes delivered her reasons for judgment on August 19, dismissing Gass’s request for interim ownership and possession of King. Hughes ruled that the dog, who has lived with Hill for the past 18 months, should remain in his care until trial, noting that repeated moves were not in the animal’s best interests.

Background to the dispute

King was purchased as a puppy in 2017 by Gass’s former partner, identified only as D. Following their separation in 2018, Gass retained ownership. In 2020, she and Hill began living together, eventually relocating with King to Hill’s family property in Cranbrook in 2021. Hill covered many of King’s expenses while Gass was unemployed, and both parties were involved in his care.

Conflicting claims of care

During the hearing, both Gass and Hill accused one another of lapses in care, including leaving gates or doors open, though the incidents were described as minor. Each argued they were primarily responsible for King’s wellbeing. Hughes acknowledged both as attentive “dog parents” but noted disagreements over responsibility created conflict.

Timeline of separation

When the couple separated in January 2024, Gass moved out, leaving King with Hill. Court documents show she did not apply for custody until 16 months later and has had no contact with King since. Hughes highlighted that Gass’s delay in filing, coupled with the dog’s stability in Hill’s home, weighed against removing him.

Judge’s reasoning

In her decision, Hughes emphasized the importance of continuity in King’s living environment. The dog currently lives on acreage with Hill and three other dogs, where evidence showed he is healthy, bonded, and well cared for. Gass’s proposal would move King across the province into a townhouse with her new partner, an infant, and another dog. Hughes found such disruption would not serve King’s interests.

What comes next

The case remains unresolved as to final ownership, with a full trial still ahead. Hughes stated that either party may ultimately succeed in their claim but concluded it was not in King’s interest to change custody at this stage. Hill was awarded legal costs as the successful respondent in the interim application.

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