Gifts cannot be taken back once given, B.C. tribunal says in ex-lovers’ dispute over dog named Stella

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      Here’s a lesson on the law of gifts.

      Once given and accepted, a present cannot be taken back.

      The person who made the gift is not entitled to have a change of mind.

      A B.C. Civil Resolution Tribunal cited the law on gifts in a dispute between two former lovers.

      Cassie Pederson and Cory Clark represented themselves before the tribunal in a fight over a dog named Stella.

      Pederson and Clark were in a romantic relationship, and they lived together for some time.

      They agreed that Clark purchased Stella for $500 on January 11, 2020.

      Pederson and Clark were not living together at the time the dog was bought.

      They moved in together in March of that year.

      Tribunal member Trisha Apland found the evidence “inconclusive” on whether Stella primarily resided with Pederson or Clark between January and March 2020.

      They broke up in May 2020, and Pederson moved out.

      Clark kept the dog.

      The man told the tribunal that Stella is his dog because he bought Stella, and that he has grown “very close” to the pet.

      Pederson said that Stella is her dog, and applied to the tribunal for an order that the pet be returned to her.

      Ruling in favour of the woman, Apland noted that evidence “strongly support a finding that Mr. Clark intended to donate Stella to Ms. Pederson and that she accepted her”.

      “I acknowledge that Mr. Clark grew close to Stella and now wants to keep her,” Apland wrote in her reasons for decision dated November 4, 2020.

      “However,” the tribunal member continued, “once someone has made a gift to another person, that gift cannot be revoked.”

      “So, I find Mr. Clark is not entitled to change his mind and revoke his gift of Stella,” Apland stated.

      “As I find the gift was legally effected,” Apland wrote, “I find that Ms. Pederson is Stella’s rightful owner and she is entitled to her return.”

      Apland also noted that Pederson "spent so much more money on Stella and cared for her medical treatment", which "also supports a conclusion that the parties intended Stella to be Ms. Pederson’s dog".

      "I find the fact that Mr. Clark solely cared for Stella after he unilaterally kept her is irrelevant to the issues here," Apland wrote. "I note that there is no evidence of abandonment."

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