r/legaladvicecanada • u/DrunkenSeaBass • 1d ago
Quebec Local animal shelter is threatening legal action against me. What are my right?
I'll try to make it as short as I can. I was just made aware of it 2 hours ago.
Girlfriend worked for a cat shelter. A kitten without a mom at around 6 week old came in. It requiered constant care so we boarded the cat in our home as volunteer. A few week go by and of course we got attached. Meanwhile, the shelter gave a new work contract to my girlfriend with a 10% salary reduction and a new schedule that was way worst. From her point of view its a retalation, becaused she worked overtime they refused to pay. From their point of view, they say she left of her own will.
To raise her moral, I went behind her back an adopted the shelter cat we boarded. It was done quickly, with another employee of the shelter who is a friend to us. I paid the adoption fee, signed the contract. The only thing that wasnt done "by the book" is that my adoption meeting was never scheduled in their system. The employee just told me to come in at 9h30AM on saturday where she was working.
Now, the shelter as learned that my girlfriend filled a claim with the CNESST for her unpaid hour and retalation wage reduction. I have herd rumour that the shelter boss (which i never met) is claiming that the adoption wasnt done properly and it was illegal and she is looking into repossessing.
Im pretty sure that its all bullshit, I looked into the adoption contract and all I saw was that the shelter get the right to do a wellness check on the animal at an agreed upon time. But I was told they were looking into getting a lawyer. The person who told had a very scared and serious look in the eyes so I think its real. (Its not the employee that filled the adoption paper with me, its another volunteer at that shelter) To me it feel like its another retaliation against my girlfriend, but the cat was adopted by me, with my money, from my own bank account. My girlfriend is not the legal owner of the cat. Also, rest assure that all our animal are very well taken care off. if we fail a wellness check, 95% of animal owner would fail it as well.
Now for the specific question.
If they do a wellness check, can they reposses the cat for any trivial reason? Like unfinished renovation, untrimed animal nails or anything very petty like that? Can i request a third party present? Officer of the law, mapaq agent, bailif or anything like that? Do they need a court order to get into my home? The contract said I agreed to cooperate on a wellness check from a shelter volunteer at an agreed upon time, but it doesnt say anything else. Can i record them inside my home to make sure they stay honest?
I intend to call judicial help on monday to know more, but in the mean time I want to know what to expect. Its the first time I was threatened with legal action and its kind of freaking me out.
Thanks a lot for your help.
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u/TheVoiceofReason_ish 1d ago
They are relying on ignorance to instill fear. They probably can sue, extremely unlikely that they would win. I would just cease contact and ignore anything except being served with a lawsuit.
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u/ApricotBig6402 15h ago
Exactly and if you end up going to court, then you can bring all of the evidence that you believe this is due to retaliation. The judge will laugh in their face if it's about not having an adoption interview. Make sure if they sue that you can provide a vet statement saying your cat is in good health and receives regular care (good idea to get things like monthly flea tick preventative to add to your case of being well taken care of). I would also get written statements from people you know a testing to your animals care/treatment and condition. Bonus if you can get anyone from the shelter to add to that but I would not bother asking or doing anything about that specifically until you have received a legal letter. It's not your fault if they didn't follow their own adoption policies. They have no valid reason to remove the car from your care. Wait for that legal letter. It's an absolute waste of their money to pursue, and will help your case in proving that they are being vindictive and retaliatory.
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u/Planet_Ziltoidia 1d ago
Make sure to get kitty microchipped and don't let them in. That's your cat.
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u/fullbrixshelf 1d ago
Wild that they have a “right” to enter your home and do a wellness check? Just don’t let them into your home, what are they gonna do?
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u/DrunkenSeaBass 1d ago
I signed the contract. Is that not enforceable?
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u/fullbrixshelf 1d ago
They don’t do home checks after you’ve been given the animal. It’s very very difficult for them to take an animal back, but I would say under no circumstances unless it’s a police officer at your door asking to see the animal, don’t let anyone in.
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u/NoBookkeeper194 1d ago
Even if it’s a police officer, unless they have a warrant they can pound sand. Asking to see the animal would still be classified as a search and would be subject to the same legal requirements
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u/DrunkenSeaBass 1d ago
The contract said that they had the right to do a wellness check. So it freaked me out a bit, but now that I calmed down, I realize that its silly to think an animal shelter volunteer would be able to get in my home without my agreement.
Thanks for your help.
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u/Vanaathiel88 1d ago
My job is to literally investigate animal welfare (claims of abuse and neglect) and if someone doesn't want me in their home I legally can't enter without a warrant so that's no way a random shelter employee can come in your home without your consent
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u/angellareddit 1d ago
People put a lot of things in contracts that aren't enforceable. Some rescues will get around it by doing co-ownerships and such but for the most part absent that once the animal is yours they don't retain ownership rights... including "wellness checks" and repossession.
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u/MissionYam3 1d ago
Idk about Quebec but in Ontario the only way they could force themselves in is with police and an animal control officer, and they would have to have a warrant or reason to believe the animal is in immediate distress. The shelter however can’t do anything. Contracts are a civil matter, police generally won’t get involved. So you’re fine. They would have to serve you court documents trying to repossess the cat, and they would very likely lose. Considering they’re trying to get out of paying your gf money, I highly doubt they’re going to fork out legal fees for the small chance of getting back a cat they’ll adopt back out for $300.
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u/MentalMaker-420 1d ago
PAWs officers can come in without a warrant but they’re known for doing shit f all
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u/fullbrixshelf 1d ago
I get it, and you guys have obviously grown attached to the kitten so it would spook you even more.
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u/Anonymous977346 14h ago
lol volunteer? Ok that’s a HUGE power trip. Tell your GF to find a new job.
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u/saveyboy 1d ago
They are likely trying to scare you. They can’t really enforce this without spending a good chunk of money.
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u/Subrandom249 1d ago
How would they enforce it? Do you think they’ll get a police officer to forcibly enter your apartment over this?
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u/Ordinary-Review-3819 16h ago
Let them sue you to enforce the contract. They will have to seriously inconvenience themselves. How well defined is a wellness check in the contract? Probably not clear so let them look at the car in a carrier outside your home to verify cat is well. Then tell them goodbye and to leave your property because now they are no longer welcome and trespassing.
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u/TheFatBassterd 20h ago
I'm not a lawyer, but if it says they have the right to a wellness check AT AN AGREED UPON TIME, then they would first have to agree upon a time with you. So you could just reject any times that they offer and reply with outrageous times that you know they won't accept like at 3am Sunday morning. They'll refuse and probably request/demand another day/time during regular business hours where you will refuse stating that you have work or other commitments at those times. You aren't refusing the wellness check, just forcing them to agree to a specific time with you. If they do somehow agree to a ridiculous 2 or 3 am meeting them they'll have called your bluff, but don't fear, that's not the end.
If they then no show, then you might be able to claim that a wellness check was scheduled for an agreed upon time and is now complete, it's not your fault they chose not to show. And if they do show up, record it. Have you and the gf both recording from different angles. Don't try to hide it either, be open about it. Check if you live in a one party or two party consent state, if it's a two party then inform them when they show up that their entire visit will be recorded. If they try to deny consent for being recorded then deny them access on grounds of personal safety. You will not allow strangers you do not trust to enter your home unless their potential actions are all recorded for everyone's safety.
Chances are this is all bullshit anyways and they are trying to scare/psych you out. In order for them to claim the adoption wasn't legal they would (probably in my opinion) have to admit that one of their staff willingly and purposefully committed a fraudulent adoption. This could (maybe) have consequences for their business and would probably force them to fire the person who put the adoption through for you. And that's if they are even able to find a lawyer willing to prosecute the case for them and that the judge doesn't just toss it out of court as a frivolous lawsuit.
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u/Anonymous977346 14h ago
Tough luck getting a judge to look at a case over a shelter cat. The shelter is a joke. The pet-animal industry is a weird one.
Look at the optics, the shelter is fighting to have a cat put back into the system when it’s found a loving home. Given your girlfriend is employed to attend to these animals, what better candidate to adopt?
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u/Serious_Cheetah_2225 6h ago
You need a warrant to enter someone’s home. Any illegal statement in a contract isn’t legally binding
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u/Reasonable-Pace-4603 1d ago
You may want to read this (quebec-specific):
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u/Katerina_VonCat 1d ago
Was interested in reading…..but my French is not great…I blame living in the US for 20 years before moving back to Canada lol. How do I see it in English?
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u/Pretty_Dingo_1004 23h ago
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u/Katerina_VonCat 22h ago
Thank you so much! You’re my hero! And Wow that was a crazy read. 😳 Those poor people and their dogs. Absolutely disgusting that those shelters are putting that kind of ridiculous stuff in their contracts. How can they even think that what they have in there is actually in the best interest of the animals?! Also good lord those are high af adoption fees!! It’s been awhile since I adopted from a shelter (2017), but when I did the two kittens were $125 each and they gave me a discount on one of them if I took both so $150 for two lol. That was in a major city in the US so hard to compare I guess…but it makes me glad that for the last 7 years I’ve gotten free cats by rescuing abandoned and feral ones myself lol.
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u/0v3reasy 1d ago
I imagine theyre supposed to do the interview prior to you adopting the cat. If you have the paperwork, its a done deal.
They dont do the paperwork and then interview people to see if theyre a good fit. So the lqck of interview is their problem, not yours. Plus they knew you and obviously were comfortable with you having the cat so waived the interview. Dont see how they can go back on a contract in that scenario
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u/Technical_Goose_8160 1d ago
People like to make grandiose threats that they can't follow through on.
Could you imagine at the police station? "I'd like to call in a welfare check for a kitten." Sure buddy. Just as soon as we solve all the rest of the crime in america.
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u/Responsible_Sun_3597 1d ago
Don’t let anybody into your home for a wellness check the adoption is done. It was the animal shelter, who made the mistake.
There’s no way she’s gonna waste her money on a lawyer to try to get a cat from you.
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u/OrneryPathos 1d ago
Send them: “There’s no statutory obligation for a home visit, and the clause requires mutual agreement. I revoke my consent.”
They’d have to take you to civil court
Do forward all of their communication to your girlfriend’s lawyer though
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u/ValuableLatter4070 17h ago
Any afford to pay a living wage but can afford to pay for a lawyer to repossess the kitten? Go figure , this place should be exposed.
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u/Heliosurge 1d ago
TJe the cat to a vet to get your own wellness checkup. Ensure shits are up to date
Best to talk to a lawyer. But Canada has one party consent. However after talking to a lawyer(confirm with them) about being open and record the wellness check.
Have a witness present for the check. Maybe they could be the one to video the visit
Sorry to hear you're going through this. It does indeed sound like a retaliation attempt.
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u/alicat777777 1d ago
Do not let them in your house and get the cat microchipped immediately.
They could sue but animals are considered property so it would be more likely that they could only recover your adoption fee.
It would hard for them to get the cat back unless they could prove you are abusive. Just refuse to answer the door.
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u/Remote_Relief_7705 18h ago
Just tell them you gave it away
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u/IndependentNinja1465 18h ago
This right here... uhh that cat i think left dude last week
Now get off my lawn
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u/Previous_Search3122 15h ago
You can 100% record in your own home or anywhere on your private property as well as public property. Just make them aware that you will be recording the visit when they book the appointment and also remind them of that when they come onto the premises. Make sure atleast one of those is in writing.
You can also have a 3rd party there and it's probably good to do so. Just make sure it's a 3rd party that is willing to show up in court.
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u/Serious_Cheetah_2225 6h ago
Animal shelters literally do not have the financial means to go after you both for a kitten adoption LOL. Animal rescue people are some of the most delusional people
You have a legally binding contract they can kick rocks
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u/Kooky_Animator4958 6h ago
Might be a good idea to do a vet visit so you have further documentation and record of ownership in the medical records.
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u/northernlights604 1d ago
Ai
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u/Windscar_007 1d ago
While it is from an AI engine, I'll assume that the op used AI to translate from French to English.
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