Rocco the dog to be returned to late owner's family after Ontario judge rejects girlfriend's stay request

The future of Rocco Jr. is a bit more clear today after an Ontario judge ruled against the girlfriend of the dog's late owner, requiring her to hand over the animal to her deceased partner's family.

The two-year-old bull terrier has been at the centre of a legal tussle between the estate of Leonard Carvalho, who died suddenly in 2022, and his girlfriend, Aliesha Verma, who argues she is now the dog's rightful owner.

Last month, a court sided with Carvalho's family and ordered Verma to hand the dog over by March 15.

Verma's lawyer, Miranda Desa, tried to overturn that order at the Ontario Court of Appeal yesterday, but was unsuccessful.

"(Verma) is processing this, she's deciding what she wants to do next and figuring out a game plan," Desa said after the ruling. "I know she's in a difficult place."

Rocco Jr.'s story began in February 2022, when Verma and Carvalho brought the dog back from Florida after a vacation.

According to court documents, Verma has maintained that Carvalho gave the dog to her as a gift.

The day after Carvalho's sudden death in November 2022, Verma went to his house and retrieved the dog, who has lived with her ever since. Verma says Rocco Jr. is both a companion and an emotional support animal that helps her cope with ongoing emotional issues.

Appeal in the works, at least for now

In a February ruling, an Ontario judge found there was no evidence Carvalho ever gave Rocco Jr. to Verma as a gift as she had claimed. The ruling gave Verma until March 15 to return Rocco Jr. to Carvalho's family.

At Thursday's hearing, Desa argued that the handover order should be stayed — at least until her appeal is heard — on the grounds that Verma should have been considered a co-owner of the dog all along.

Lawyer Miranda Desa has argued that Verma was given Rocco as a gift, and that she was the dog's co-owner at the time of her boyfriend's death in 2022, contentions that a judge rejected in a Feb. 26 ruling. (CBC)

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Justice Katherine van Rensburg rejected that argument and said she will issue her reasons in writing at a future date.

Desa has said Verma plans to appeal, but isn't sure yet if yesterday's ruling will impact that decision. No date has been set for the appeal.

"This is a difficult day for Aliesha," Desa said Thursday. "She is dealing with the decision and has to make some decisions about what she wants to do moving forward."

Carvalho's lawyer, Tanya Pagliaroli, said earlier this week that the family won't be commenting on the case while it's still before the courts.