In Malik v. Dey, 2025 ONSC, Kelly Santini LLP’s Danesh Rana successfully represented the defendants, Bhimankshu Dey, 14866789 Canada Inc., and Rabindra Kumar Dey, in a dispute over the ownership of a family dog named Tozo. The plaintiff, Harita Malik, had lived with Bhimankshu Dey and claimed that she was Tozo’s rightful owner after living with the Defendant Bhimankshu Dey and Tozo for two years. The defendants argued that Tozo was purchased and owned by Rabindra Dey, who had brought the dog from India and never intended to relinquish ownership.

Justice A. Doyle considered both the traditional and “broader” approaches to determining ownership of personal property, assessing who purchased, maintained, and exercised control over the animal. The court found that Rabindra Dey bought Tozo in 2012 and cared for him for a decade before moving to Canada, later leaving the dog temporarily with his sons. The evidence—including microchip data and immediate legal demand for the dog’s return—showed no intent to gift or abandon Tozo. Although Malik provided daily care and paid some expenses while living with Bhimankshu, the court held that these contributions did not transfer ownership.

Justice Doyle declared that Rabindra Dey remains Tozo’s rightful owner and ordered Malik to return the dog within two days. The court also awarded $8,000 in costs to the defendants.