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

Lacombe Police respond to break-in at Gary Moe Chrysler

Police conducted a search of the building and located significant damage inside the business.

Lacombe Police respond to alarm at LA Carpet and Tile

Video footage was obtained, a black dodge Caravan was observed with a lone male occupant

Woofs and Laughs coming to Lacombe Memorial Centre

Comedy night supports Saving Grave Animal Society

Lacombe County fire permit season begins March 1

Lacombe County reminds people that permit requests are free and easy to submit online

Lacombe IODE chapter supports Alberta Council of Womens Shelters

Lord Lascelles Chapter looking to raise $100,000 for children exposed to domestic violence

WATCH: Night Among the Stars Celebrity Dance-off supports Lacombe BBBS

Over $12,000 raised for Dancer’s Edge Parents Association and Lacombe BBBS

UPDATED: Racist slurs lead to school hold and secure at Ponoka school

Ermineskin Cree Nation Chief Makinaw responds

Greta sticker that drew outrage in Alberta not child pornography: RCMP

X-Site Energy Services has denied having anything to do with the stickers

Courts to decide regarding Ponoka County’s north-west area structure plan

Ponoka Right To Farm Society versus Ponoka County

Canada prepared to monitor for community spread of COVID-19: Tam

The U.S. confirmed one case of the new coronavirus, or COVID-19, in California Thursday

11-year-old Sylvan Lake burn survivor using his story to inspire others

Kaden Howard was recently named the 2020 Champion Child for the Stollery in Edmonton

Conservative MP questions whether rail blockades constitute terrorism

Crown-Indigenous Relations Minister Carolyn Bennett travelled to B.C. to meet Indigenous leaders

Lawsuit over African mine can be heard in British Columbia: Supreme Court

B.C. courts dismissed Nevsun’s attempts to make Eritrea the forum for any lawsuit proceedings

MPs to examine privacy implications of facial-recognition technology used by RCMP

The MPs will look at how the technology affects the privacy, security and safety of children

Most Read