Evans v. TH Real Estate
TH Real Estate
Law Firm / Organization
Unrepresented
Consolidated Civil Enforcement [CONBC] / Consolidated Envoy Bailiffs [CEB]
Law Firm / Organization
Unrepresented
The Corporation of the City of Victoria
Law Firm / Organization
Not Specified
Lawyer(s)

T. M. Zworski

The Ministry of the Attorney General of BC
Law Firm / Organization
Unrepresented
M. Evans
Law Firm / Organization
Unrepresented

Background:
Evans, the former tenant, had several pets, including cats, which were left behind on the premises following his eviction. The City of Victoria's animal control officers, under the authority of the Animal Responsibility Bylaw, seized the animals. Three of Evans's cats remained in the City's custody due to an earlier court order that complicated their immediate adoption.

Legal Issues:
Evans contested the legality of the eviction and the subsequent seizure and potential adoption of his pets by the City. He argued that the City should temporarily foster the cats at its expense until he could reclaim them.

Court Rulings:
The court ruled that the eviction was lawful and that the City had properly acquired ownership of the cats under its bylaw after they were not reclaimed within 96 hours. The City's decision to adopt out the cats was deemed reasonable.

Costs Awarded:
The court awarded costs of the application to the City of Victoria, though the exact amount was not specified.

Final Order:
The court declared that the City could proceed with adopting out the cats and rejected Evans's proposals. The City was allowed to finalize the court order without Evans’s signature but was required to provide him a copy before submission.

Supreme Court of British Columbia
S234142
Real estate
Respondent