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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Shortage of workers on Creston, Okanagan cherry and apple farms due to COVID-19

‘The tree fruit industry and the Ministry of Agriculture are asking local workers to consider helping with the harvest so that food waste is reduced’

Okanagan, Creston cherry and apple farms in need of workers

The worker shortage is due to the COVID-19 restrictions on international travel

Creston Fire Rescue Report: nine calls between Aug. 1 and 6

On Aug. 2, the CFR team and Wynndel Lakeview Fire Department (WLFD) were dispatched to the area of Highway 3A in Sirdar for a two-vehicle motorcycle incident

July Kootenay real estate sales at record high

Sales and prices of Kootenay real estate on the rise

Creston Valley Hospital addresses COVID-19 rumours regarding farms

‘Not one seasonal worker in Creston has tested positive for COVID-19,’ said Dr. Nerine Kleinhans

53 new COVID-19 cases, no new deaths cap off week of high infection rates in B.C.

Roughly 1,500 people are self-isolating because they either have COVID-19 or have been exposed to it

Moving on: Tanev scores 11 seconds into OT as Canucks oust Wild

Vancouver beats Minnesota 5-4 to move into first round of NHL playoffs

Gene editing debate takes root with organic broccoli, new UBC research shows

Broccoli is one of the best-known vegetables with origins in this scientific haze

VIDEO: U.S. Air Force pilot does fly-by for B.C. son amid COVID border separation

Sky-high father-son visit plays out over White Rock Pier

3 Vancouver police officers test positive for COVID after responding to large party

Union president says other officers are self-isolating due to possible exposure

New mothers with COVID-19 should still breastfeed: Canada’s top doctor

Dr. Theresa Tam made the recommendation during World Breastfeeding Awareness Week

Collapse of Nunavut ice shelf ‘like losing a good friend:’ glaciologist

The ice shelf on the northwestern edge of Ellesmere Island has shrunk 43 per cent

B.C. wildfire crews have battled 111 blazes in the last seven days

Twenty-nine fires remain active, as of Friday (Aug 7)

B.C. group renews call for protection of newly discovered glass sponge reefs

DFO says public consultation will play heavy role in future protection measures

Most Read