Down pillows on a bed. Not the down pillows in civil dispute between B.C. couple. (Pixabay photo)

Two pillows, ‘Magic Wand’ vibrator at centre of B.C. civil dispute between exes

Whether the items were gifted under Canadian law or not main argument in Civil Resolution Tribunal case

The bitter end of a relationship between a B.C. man and his ex-girlfriend was spotlighted in a recent small claims dispute, as the man attempted to get back his two down pillows and a cordless vibrator.

On Monday, Civil Resolution Tribunal Member Trisha Apland released her decision on a dispute between a B.C. man and his ex-girlfriend, which centred on whether a Hitachi Magic Wand and two pillows valuing a total of $300 counted as gifts under Canadian laws.

In order to be considered a legally binding gift, the item must meet three requirements: that there was an intent to donate it by the giver, it was accepted by the recipient, and it was clearly delivered either by the person or through other means. It’s up to the recipient of the item to prove it was a gift.

Under Canadian law, gifts don’t need to be returned.

According to the decision, the man said he stayed every other weekend at the ex-girlfriend’s house.

During their relationship, he bought the two down pillows to sleep on because he couldn’t use her synthetic ones, leaving them at her home in between visits.

ALSO READ: Judge divvies up illegal estate of divorcing B.C. couple

The former girlfriend argued to the tribunal that she thought the pillows were gifted to her, because the man allowed her to use one of the pillows.

But Apland determined this wasn’t enough evidence to prove the soft pillows were gifts, ordering the woman to return them to her ex-boyfriend.

The Magic Wand was no different, the tribunal decision shows.

According to text and voice messages exchanged between the pair, the Magic Wand was purchased by the man and delivered to his then-girlfriend’s home but was intended to be used for the former couple’s mutual enjoyment, often referred to as “his” sex toy.

But she claimed that she just pretended the vibrator was not hers because she felt “weird” about gifts, and that it is meant to be for female use so she should get to keep it.

The tribunal disagreed.

“The evidence does not establish that the Magic Wand is a gender-specific item,” Apland wrote.

In some decisions, the tribunal will order compensation for the items in question. However, the woman was ordered to send the pillows and vibrator via registered mail back to her ex within the next 30 days, and will also have to pay Pederson’s tribunal fees, or roughly $125.

She has 28 days from Monday to appeal the decision.

EDITOR’S NOTE: Black Press Media has removed the names of both parties due to privacy concerns.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Columbia River Treaty: ‘It is going to get tough’

B.C. negotiator tells Nelson meeting that talks are cordial, so far

Nelson Hydro ordered to reimburse rural customers

The B.C. Utilities Commission says a repayment of $19,222 must be made by Dec. 31

Archie in Nelsondale hits the stage Nov. 28 with inter-generational cast

Nelson’s annual Christmas Pantomime features ‘one-liners, familiar songs, and general silliness’

VIDEO: Marking Métis Week with a wild meat lunch

Nelson students were served food as part of an event centred on Métis culture

BC Ferries’ two new hybrid vessels set sail for B.C. from Romania

Two Island Class ferries to be in use by 2020

Distracted driving tickets not for ICBC revenue, B.C. minister says

Minister Mike Farnworth calls SenseBC analysis ‘nonsense’

CN Rail strike and lack of trucking alternatives stoke forest industry fears

Companies calling on the federal government to ‘do everything in its power’ to end the strike

Prime Minister Justin Trudeau unveils new Liberal cabinet

Pivotal role in his new cabinet for a minority-government era goes to Chrystia Freeland

B.C. mom, kids on bike turned away from Tim Hortons drive-thru

Car-free for years, Charity Millar ‘felt gross’ being denied service

B.C. woman puts call out for 10,000 personal, heartfelt Christmas cards for the homeless

Christmas Card Collective enters into third year of making spirits bright

No turn signals, double-parking among top concerns for B.C. drivers: poll

Two-thirds of B.C. drivers said that not using turn signals was their biggest pet peeve

Man accused in fatal Shuswap church shooting also charged with arson

Parmenter family home badly damaged by fire a month before killing

Most Read