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"The legal test applicable to determining parenting after separation should be different than that for deciding the placement of pets after separation."

The ruling followed a protracted legal fight between Kishan Singh and Reba Smith.

According to the judgment, Singh and Smith lived together for about six years but separated in March 2023.

They acquired four cats together. Salem came from an online advertisement. Diablo was acquired from the SPCA. Zora and Samara were both rescued as strays.

The turning point came when Smith left the home after a heated dispute. When Smith returned the following day to retrieve her belongings, Mah wrote the cats were gone and had been "crated up and spirited away by Mr. Singh."

She sued and got them back, only to have him file a counterclaim, leading to a lower court trial in November 2024 that resulted in each getting two cats. The trial judge at the time said both parties were capable of caring for the cats, and she couldn't say who they'd be better off with.

Singh appealed the case to Mah in Court of King鈥檚 Bench, and both sides argued they should keep all four felines, as that was in the best interests of the pets.

Mah, in his judgment, acknowledged that considering 鈥渢he best interests of the cat鈥� may be gaining a legal foothold in other jurisdictions, but said the concept has no bearing in Alberta and left each with two cats.

He said he declined an argument by Singh to take 鈥渁 more enlightened and cat-forward approach鈥� in line with evolving societal values. And he said using the term "best interests" in reference to pets anthropomorphizes them.

Mah wrote the child test is different than the pet test for custody because "the sole job, function and duty of a parent is to provide the foundation for a successful life for the parent鈥檚 child."

"On the other hand,鈥� he wrote, 鈥淚t is indisputable that pets are property. Further, the purpose of pet ownership is companionship."

Mah wrote that while society doesn't condone mistreatment or cruelty to animals, whether someone can demonstrate he or she is capable and willing to properly care for a cat or other pet should be, and is, a factor in determining ownership of a pet.

He said society also recognizes dogs and cats are able to feel emotions and may form real bonds with people and peer animals, which means it is also a factor when pet ownership is disputed.

But he said, "there must be an evolutionary line drawn somewhere."

"I hope that does not sound harsh or that I am anti-animal rights. But apart from animal welfare laws, I don鈥檛 think the court should be concerned with inquiring into the emotional life of pets in the order of hamsters, parrots, reptiles and tropical fish in determining disputed ownership."

Mah also rejected Singh's appeal of the lower court's decision not to award him costs, which he'd sought for a period he'd been caring for all four of the cats.

He'd hired a cat-sitter to care for the animals while he was working out of town.

This report by 好色tvwas first published Jan. 16, 2026.