Ontario Court of Appeal rules in Windsor dog custody case

Greg Marentette hasn’t seen his dog Lemmy since 2019 in Windsor, Ont. on Wednesday, April 13, 2022. (Michelle Maluske/CTV Windsor)

Windsorites Greg Marentette and Samantha Roberts have been battling in court for custody of a Newfoundland dog named Lemmy.

Roberts was hired by Marentette to walk his dog for him while at work.

But over time, Roberts argues she was taking care of the dog more often than Marentette and even taught Lemmy how to support her as an emotional service animal.

Here’s the background.

Marentette took Roberts to small claims court to get the dog back and won.Samantha Roberts says she depends on Lemmy as her service animal in Windsor, Ont. on Wednesday, April 13, 2022. (Michelle Maluske/CTV Windsor)

Roberts tried to have the lower court ruling overturned by asking the Ontario Court of Appeal to look at the case.

Throughout the entire court battle, Lemmy has remained in the care of Roberts, as ordered by a judge.

CTV News has learned the Ontario Court of Appeal has now dismissed Roberts’ motion, meaning they will not hear arguments.Lemmy is a pure bred Newfoundland. (Courtesy: Greg Marentette)

The court also ordered Roberts to pay $5,000 in legal fees.

De Luca says his legal fees are now at $15,000 which Roberts will be expected to pay, according to the lawyer.

“We’ve got a measure of justice now,” defence lawyer Joe De Luca tells CTV News.

He says Marentette is “happy but guarded” because it has taken so long to get to this point. It’s been argued for nearly four years.

De Luca says they are hoping to organize a respectful hand over of Lemmy from Roberts to Marentette Friday, July 22, but he is not certain when or how that will happen.

Phone calls and emails to Roberts’ legal team have not been returned.