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

Controversial anti-abortion film to be screened in Penticton

Unplanned will be shown at the Penticton Landmark theatre

Mix of sun and cloud for the Okanagan-Similkameen Shuswap

Chance of showers for much of the region this afternoon

Monster Truck action returns to the Okanagan for a second night

From 6 until 7 p.m. you can meet the drivers and get a close up look at the trucks

Keremeos man says stem cell therapy changed his life

Darryl Brewer says he went from being immobile with chronic pain to leading an active lifestyle

Okanagan-Shuswap Weather: Summer sun for Sunday

The forecast for the week ahead shows some rain but plenty of sun and warm tempertures.

VIDEO: RCMP release sketch of man found dead near burning truck of missing B.C. teens

RCMP said they are looking for Kam McLeod, 19, and Bryer Schmegelsky, 18, of Port Alberni

Police seek witnesses in fatal motorcycle crash on Highway 3

A 50-year-old Vancouver area man was killed in a motorcycle crash July… Continue reading

Kingfisher reels in kids for North Okanagan fishing event

Enderby centre hosts free, family fun event

Unsealed record suggests U.S. man convicted of murdering Vancouver Island couple left DNA on zip tie in 1987

William Talbott is set to be sentenced Wednesday in the murders of Jay Cook and Tanya Van Cuylenborg

Surrey court clerk files human rights complaint related to concussion

Deborah A. Ryane claims her employer discriminated against her on basis of mental disability

House arrest for ‘vicious’ back-alley attack on South Okanagan man

Thomas Brayden Kruger-Allen was at the Mule Nightclub prior to the assault

Most Read