Sudbury cat owners looking at legal action to get their tabby back

A family in Greater Sudbury says it will take legal action to get its cat back, which is being held by an animal rescue group over a contract breach.

Lilly Frappier-Pellerin, 11, misses her orange cat, Rusty, who has been part of her family for the past seven years.

The animal is at the centre of a dispute with PetSave Sudbury, which has custody of Rusty and says it won’t let him go.

“Really sad, really mad. It’s just annoying that they can’t give us our cat back ‘cause he’s outdoor,” Lilly said.

Lilly and her father, James Pellerin, said Rusty and his sister Peaches are outdoor cats. They even have a special door for them to go in and out.

They adopted the duo together from PetSave. When Rusty was outside earlier this month, someone trapped him and returned him to PetSave.

Jill Pessot, the head of the animal rescue agency, said the family breached its adoption contract and is refusing to give him back.

More than 1,100 people have signed an online petition in support of the family getting the cat back from PetSave.

“In this particular case they’re not right,” James said.

“They are wrong, and Jill seems to have dug her heels in here and is very stubborn about this. But we just want our boy home. She’s taken him from a loving home that cherishes him.”

Every adoption from PetSave includes contracts signed by the new owner stipulating how they have to care for the dog or cat. If parts are breached, PetSave can remove the animal from the home.

Stipulations include providing food water, and adequate shelter. In the case of cat adoptions, the animal must be an indoor cat and not allowed to roam freely.

“It’s for the safety of the cats,” Pessot said.

Outdoor cats are at risk

“We spend a lot of money and a lot of energy to (take) animals off the street and to put them back on the street at risk again makes no sense.”

Risk factors for outdoor cats include wildlife, vehicles, poison and other unknown risks.

“You just have to go on social media and look at the ‘Lost and Found’ and see the hundreds of cats missing,” she said.

“They’re not coming home. The reality is it’s too dangerous out there for cats now … Although we think they’re free spirits, they could very well end up dead spirits.”

Pessot is adamant the only way Rusty will be returned to the Pellerins is through legal proceedings, which she says she’s been successful with twice before.

The Pellerins said they plan to pursue civil litigation to get Rusty back to his family.

Greater Sudbury said its bylaws allow cats to roam outside, but the pet must have an up-to-date licence, be microchipped and be spayed or neutered.

Rusty is neutered. James Pellerin said the cat is not microchipped but does have tags.