Montreal

Quebec Court of Appeal decides fate of beloved cat

The Quebec Court of Appeal has ruled a Trois-Rivières animal shelter must turn over the name of the family that adopted a missing cat to the cat's previous owners.

Court rules shelter must reveal name of adoptive family to previous owners

Sundae, an affectionate cat prone to wandering, is now the subject of a custody battle of sorts. (Facebook)

The Quebec Court of Appeal has ruled a Trois-Rivières animal shelter must turn over the name of the family that adopted a missing cat to its previous owners.

The feline in question, an eight-year-old orange-and-white shorthair named Sundae, went missing from his original owners' home last April.

Court documents show Sundae wandered outside the home of Axel Boucart and his family in Trois-Rivières without his collar and medallion on April 13.

Sundae is the archetype of feline sociability. He goes to people, sticks to them and even invites them to supper and sometimes to bed.- Facebook post from Axel Boucart and his family about their missing cat

A post on Boucart's Facebook page said the family wasn't worried at first, as Sundae was used to being outside and had wandered off for a day or two on previous occasions.

After a few days with no sign of Sundae, the family started searching the neighbourhood. On April 23, the family contacted the Société protectrice des animaux (SPA) to officially report Sundae missing.

They continued to search, with no luck.

The next month, the family was shocked to find a picture of Sundae on the SPA website labelling him as "adopted."

SPA refuses to give name of adoptive family

Boucart contacted the SPA to say that there must have been some kind of mistake, and that Sundae was in fact his cat.

He asked the SPA to put him in touch with Sundae's new adoptive family so they could work things out and get Sundae back.

The SPA refused.

The organization claimed it was bound by Quebec confidentiality laws that prevent public entities from disclosing personal information without permission.

Boucart and his family were flabbergasted.

A Facebook post written by Boucart's partner Marie-Isabelle Cormier said Sundae had been living with the couple and their four children since he was a newborn kitten

"Sundae is the archetype of feline sociability. He goes to people, sticks to them and even invites them to supper and sometimes to bed. He is a mega-affectionate, cuddly, purring cat," the post read.

Sundae's original owner, Axel Boucart, described the cat on Facebook as "mega-affectionate." He said his family is the only one Sundae has ever known. (Facebook)

"He's part of our lives and we his. We were his only family. My heart is shattered by the thought that he might be scared and looking for us," it continued.

Cat in court

Boucart and his family fought back against the SPA in court.

In September, a Quebec court judge ordered the SPA to turn over the name of Sundae's new owners to Boucart and his family immediately.

The SPA appealed the court order.

This week the Quebec Court of Appeal refused to hear the case, saying the confidentiality laws cited by the SPA were "not relevant."

The appeal court judge ordered the SPA to turn over the name and contact information of Sundae's adoptive family to Boucart within five days.

It's not clear what the future holds for Sundae.

The SPA declined to comment, and Boucart and his lawyer could be reached for comment.

Tragic ending for Sundae's family

The story took a tragic turn the night of Oct. 1, when Cormier died. An obituary for her was published on Friday.

According to a GoFundMe page set up by a family friend, she died of a pulmonary embolism.

It says the family is in shock, and that Boucart is focusing on helping their children.

ABOUT THE AUTHOR

Steve Rukavina

Journalist

Steve Rukavina has been with CBC News in Montreal since 2002. In 2019, he won a RTDNA award for continuing coverage of sexual misconduct allegations at Concordia University. He's also a co-creator of the podcast, Montreapolis. Before working in Montreal he worked as a reporter for CBC in Regina and Saskatoon. You can reach him at stephen.j.rukavina@cbc.ca.