'One way or the other, she's gonna lose the dog': Windsor owner forced to lay criminal charges against dog walker who refuses to return the animal
Greg Marentette is frustrated he still doesn’t have his dog Lemmy, even though a court upheld his position as the Newfoundland’s rightful owner.
“It's over. It's finished. There's nowhere to go,” Marentette told himself when he got the notice from the Ontario Court of Appeal, dismissing a motion by Samantha Roberts to keep Lemmy.
But that was three weeks ago, and Lemmy still isn’t with Marentette.
“This is just ridiculous, like, unbelievable,” Marentette told CTV News Monday.
When Lemmy wasn’t returned to him within a few days, Marentette went to Windsor police to have a Nov. 2021 court order executed.
“They said there's nothing they can do because it's a civil matter,” Marentette stated. “I’m like, ‘what are you talking about on the civil side?’ I thought against the law was against the law?’”
In her decision, Justice Pamela Hales ruled Lemmy belonged to Marentette and the fact Roberts told the court she relies on the dog for emotional support was not grounds to give her custody.
With the help of lawyer Andrew Colautti, Roberts filed two appeals of that decision, both were denied, most recently by the Ontario Court of Appeal.
“It’s been proven up the wazoo he’s mine,” Marentette stated. “I'm at the point where I'm gonna go kick in their door and get him myself. But then I get myself in trouble. And then everything is for naught. So I can't do that.”
Instead, Marentette first went to the sheriffs for the region and applied to have the court order executed.
He was told both local sheriffs were needed, and one is currently on vacation.
“So justice stops for me because he's gone fishing. I’m not waiting until he comes back from fishing to get my dog back,” Marentette stated.
So Marentette went and filed the paperwork with the Ontario Court of Justice to lay criminal charges himself.
A Justice of the Peace agreed, and on July 29, a charge of disobeying a court order and a second charge of theft under $5,000 were laid against Samantha Roberts.
Her lawyer, Andrew Colautti would only tell CTV News in a statement, “The instructions I have received are to provide no comment."
Roberts has repeatedly declined requests by CTV News Windsor to comment.
Roberts’ next court date is Sept. 16 when the charges are to be spoken to.
In the meantime, Marentette is hoping the sheriffs’ office can execute the court order so he can see his dog for the first time in four years.
“One way or the other, she’s (going to) lose the dog. She could save herself a little bit of grief if she cooperates but she’s not cooperating,” stated Marentette. “So, in my opinion, she deserves whatever she gets.”
Marentette told CTV News he can’t bring himself to think about Lemmy’s longevity, as he says large breed purebred dogs like a Newfoundland, have a life expectancy of around eight to 10 years.
Lemmy turns seven in Feb. 2023.
“One day with him would be worth it at this point,” Marentette said. “I'm just (going to) enjoy every second (when) I have him back. But that means I have to get him back. And I need him now. I don't need him a month from now. I don't need him two months from now. I don't need excuses up the wazoo.”
Lemmy is a pure bred Newfoundland. (Courtesy: Greg Marentette)
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