Canadian Laws Regarding Ownership, Liability, Etc? Complicated!
 
 

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Canadian Laws Regarding Ownership, Liability, Etc? Complicated!

This is a discussion on Canadian Laws Regarding Ownership, Liability, Etc? Complicated! within the Horse Law forums, part of the Horse Resources category

     
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        10-30-2013, 11:45 PM
      #1
    Foal
    Canadian Laws Regarding Ownership, Liability, Etc? Complicated!

    So, here's the deal.

    I'm set to get a new horse on Saturday, which I'm super excited for. He's an unbroke gelding, and so he'll be my first attempt in regards to training from the ground-up. My mom's fiance is a trainer, and therefore we'd planned to do everything together so he could show me the ropes - no problem there!

    The problem arises between my (biological) dad and mom, who are currently going through a very nasty divorce. My step-dad is concerned that, should I end up hurt from working with the gelding (which is likely, and I'm aware of this fact), my legitimate dad will have all he needs to both sue my mother and/or him for allowing that to happen.

    Seeing as I'm quite sure my father will refuse to sign any wavers for me (I'm 17, might I add), we're stuck between a rock and a hard place.

    If the horse is in my name, does that remove the possibility that he could sue should I get injured? Is one parent enough to give consent towards working with the horse?

    I'm really just looking for some ideas in order to allow me to work with the horse without having any issues come of it. I know my dad would sue should he be offered the chance.

    All opinions are appreciated and if you need me to clarify anything please let me know!
         
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        10-30-2013, 11:50 PM
      #2
    Green Broke
    When do you turn 18, Seemslegit? With any luck, by the time you get through the groundwork and are ready to ride, you'll be an adult and if any one is going to do the suing, it would be you at the point as you've come of age.
         
        10-30-2013, 11:52 PM
      #3
    Foal
    Quote:
    Originally Posted by Chevaux    
    When do you turn 18, Seemslegit? With any luck, by the time you get through the groundwork and are ready to ride, you'll be an adult and if any one is going to do the suing, it would be you at the point as you've come of age.
    Late June, and thank you for the quick reply! I'm not even entirely sure if I would be allowed to do groundwork, but we'll have to see. Fingers crossed!
         
        10-31-2013, 06:41 AM
      #4
    Yearling
    Sorry, but your biological dad sounds "not so nice." You have permission from your mom to work with this horse, no? Who has full custody? Is it 50/50? I understand your step dad's position on it. What would be your biological father's ground for suing, getting back at your mom? Your mom has a say in your life, not just your dad. His say does not override your mom's. On top of that you are seventeen, you are not a young child. I would proceed with your goals. Your father is trying to put fear and intimidation into you, your mom, and your step father. I would not give him that power.
         
        10-31-2013, 07:45 AM
      #5
    Yearling
    Has your biological father expressed negativity towards your horse situation? I shouldn't asked that first...
         
        10-31-2013, 12:18 PM
      #6
    Green Broke
    I would explain to your father that your love of horses, and the fact that your stepfather is helping you, has nothing to do with their divorce. Hopefully, if you speak to him sensibly, he will understand.
    Keep us updated!
         
        10-31-2013, 02:30 PM
      #7
    Foal
    Quote:
    Originally Posted by goneriding    
    Sorry, but your biological dad sounds "not so nice." You have permission from your mom to work with this horse, no? Who has full custody? Is it 50/50? I understand your step dad's position on it. What would be your biological father's ground for suing, getting back at your mom? Your mom has a say in your life, not just your dad. His say does not override your mom's. On top of that you are seventeen, you are not a young child. I would proceed with your goals. Your father is trying to put fear and intimidation into you, your mom, and your step father. I would not give him that power.
    Ah, yeah, that's another very complicated conversation all-together. My mother is dying for me to be able to work with the gelding, and is nearly as excited as I am. I'm technically with her 100% of the time, as I'm living with her now, but nothing legal proves that. Custody hasn't been sorted through the court yet. Does that change anything? I appreciate the answer, so thank you!


    Quote:
    Originally Posted by goneriding    
    Has your biological father expressed negativity towards your horse situation? I shouldn't asked that first...
    Not to me, but he's fixing to use what he can against mom in the divorce -- which includes the payments he made on my last mare, for a purpose I'm not entirely sure of. We're just unsure of what we would tolerate at this time, if you get me?


    Quote:
    Originally Posted by Zexious    
    I would explain to your father that your love of horses, and the fact that your stepfather is helping you, has nothing to do with their divorce. Hopefully, if you speak to him sensibly, he will understand.
    Keep us updated!
    Yeah, I think I'm going to try and get ahold of him in order to try and explain. It could blow over and go great, but I'm afraid of the alternative. He's always been very kind regarding me and my riding, so this is all a bit of a shock.

    Again, thank you everyone!
         
        11-08-2013, 12:07 AM
      #8
    Foal
    Update: As expected, dad doesn't want to sign the waver until he has "more information" on my stepdad. This equates to: he won't be signing it, but wants to give me hope so I'm not miffed. I won't even get into the details of that great conversation, but we're looking for a way to get around this as easily as possible!

    My brother (who is living with my biological dad full time) is a football kid, and he got a concussion last week while playing; could that not be used in court to defend where I stand, seeing as both are dangerous but permission wasn't granted from my mom for my brother to play?
         
        11-08-2013, 09:48 PM
      #9
    Showing
    Have you told both bio and step that this is very much what you want and that you'd like their support. You appreciate their concerns for your safety and that you promise to be mindful of this. Did the step legally adopt you? If not, he may have no say in the matter. You are your mother's child. But it is best to have everyone on board.
         
        11-09-2013, 12:30 AM
      #10
    Trained
    Your dad is suing for what? You are his asset and they damaged you? Not likely. Forget about it and go on with what you had planned.
         

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