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

Nanaimo pumped for Red Bull Pump Track World Championship event

Qualifying event held at Steve Smith Bike Park

V.I. Raiders earn a win against Okanagan Sun

Five interceptions help Nanaimo to a 37-13 victory Saturday at Caledonia Park

Summertime Blues Festival on at Maffeo Sutton Park

It’s Day 3 of Nanaimo’s blues festival with performances until 10 p.m. tonight

VIU staff go rock-hunting in Nanaimo for grade-school geology courses

University’s earth science department creating introductory teaching kits for schools

Retired Nanoose Bay teacher ‘Set for Life’ after $675K lottery win

Shannon plans to buy new sails for his sailboat

V.I. Raiders earn a win against Okanagan Sun

Five interceptions help Nanaimo to a 37-13 victory Saturday at Caledonia Park

VIEX now in full swing

Vancouver Island Exhibition underway in Nanaimo

B.C. Lions fall to 1-9 after 13-10 loss to Ticats

Lowly Leos have dropped six straight CFL contests

VIDEO: B.C. woman meets biological mother, 38 years later

Mother never gave up hope of finding daughter, despite all the obstacles

Vancouver Island man dead after reported hit-and-run incident

Oceanside RCMP seek public’s help gathering information

B.C. RCMP plane chases fleeing helicopter as part of major cross-border drug bust

The helicopter eventually landed at a rural property near Chilliwack

Beefs & Bouquets, Aug. 22

To submit a beef or a bouquet to the Nanaimo News Bulletin, e-mail bulletinboard@nanaimobulletin.com

B.C. man who died after rescuing swimmer was known for helping others

Shaun Nugent described as a dad, a coach, a hero and ‘stand-up guy’ at celebration of life

Thousands cycle to conquer cancer

The 11th annual Ride to Conquer Cancer took place Saturday morning, Aug. 24 in Surrey, B.C.

Most Read