Case of dog at centre of fight between man’s grieving family and girlfriend back in court
The case of Rocco Jr., the two-year-old bull terrier caught in a legal fight between a man’s grieving family and his girlfriend, is back in court today.
Aliesha Verma and Leonard Carvalho had been together for about six years when he died suddenly in November 2022, at age 60. He’d purchased the dog during a trip to Florida with Verma that February and, as she claims in court documents, gave it to her.
But Carvalho’s sisters say the dog is their property as the beneficiaries of his estate. And late last month, Ontario Superior Court Justice Laura Stewart ruled Rocco Jr. does indeed belong to the estate, giving Verma until March 15 to hand the dog over to Carvalho’s family.
Verma’s lawyer, Miranda Desa, has appealed that decision and applied for a stay of the order, which a judge will hear today.
“We’re bringing an emergency motion seeking a stay of the decision requiring that Ms. Verma return the dog to the estate,” Desa said. “It’s been very challenging for (Verma). Rocco Jr. has been with her for some time.”
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A Toronto woman has been fighting to keep two-year-old American Bull Terrier, Rocco Jr., after her boyfriend died more than a year ago. She maintains Rocco was a gift and is needed as a support animal, but an Ontario judge ruled last month the dog belongs to her former partner’s estate, which was left to his family. As CBC’s Sarah MacMillan explains, it’s highlighting how the law treats pets in estate battles.
Lawyer Tanya Pagliaroli represents Carvalho’s sister Arlete, who is the executor of his estate. Pagliaroli said in an email to CBC Toronto that the family will not be commenting while the case is before the courts.
Pets as property
Rocco Jr.’s issues began in November 2022, when Carvalho, 60, died suddenly.
Verma, his partner of six years, went to the man’s Mississauga house the next day and brought the dog home with her, claiming that Carvalho had given her the animal as a gift.
But Carvalho’s two sisters disputed that claim, pointing out Verma was not mentioned in Leonard Carvalho’s will. The sisters allege Verma stole the dog and they launched a civil suit aimed at winning him back. The case has so far racked up more than $200,000 in legal fees, according to court documents.
Verma has set up a crowdsourcing page to help cover her legal costs. It’s so far gathered more than $30,000 in pledges. She’s also launched an online petition. She’s hoping to change Ontario law to ensure that in future, pets are treated as sentient beings worthy of special consideration, not just property, in estate cases.
That petition has now gathered almost 30,000 names. She’s also collected about 200 signatures on a separate petition, which she delivered to the office of MPP Christine Hogarth last fall. Hogarth’s office said in a statement she’s looking into the issue.
According to the February ruling, Verma maintains she had a common-law relationship with Carvalho, while the sisters dispute the relationship was that close.
Regardless of the nature of the relationship, the judge ruled, “there is no evidence of any intention on the part of Mr. Carvalho to bequeath Rocco Jr. to Ms. Verma at any time. At the time of Mr. Carvalho’s death, there is no evidence that the couple were common-law spouses.”
The judge also found there was no evidence to support the claim that Carvalho had given the dog to Verma as a gift. Nor did she find proof that Rocco Jr. is “a legitimate support animal” for Verma, who has said the dog helps her cope with emotional issues she suffers from.
Carvalho siblings ‘loved the dog’: lawyer
The Carvalho sisters’ lawyer praised the decision.
“The dog was never gifted to her,” Pagliaroli said of Verma. “The dog was considered by both the brother and his sisters to be a member of their family, a beloved member of the family,” she said.
“They loved the dog and wanted him back.”
Desa, Verma’s lawyer, said her appeal will focus on the aspect of the ruling that Carvalho’s estate is the rightful owner of the dog, as Carvalho’s property.
She’ll argue that the judge erred when she ruled that Rocco Jr. didn’t belong to Verma, who she maintains was gifted the dog by her partner.
No date has yet been set for the appeal, she said.
Verma herself was too anxious to speak with CBC Toronto this week, Desa said.
“She’s having a difficult time,” Desa said. “She’s very nervous.”
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