(Black Press file photo)

Loans or gifts? Judge rules woman must pay B.C. man back $7K

B.C. judge rules that woman must pay back more than $7,000 in advanced funds to man

Gift giving is rarely awkward and almost always a positive experience – except when it isn’t a present and instead a monetary loan expected to be repaid.

Determining whether payments totalling $7,000 were gifts or a set of loans was at the centre of a recent B.C. court decision earlier this month, in a battle between Victoria man Dinh Tran and a woman he met online who Tran said refused to pay him back.

He said that they were loans. She said that they were gifts

According to court documents, made available online Thursday, Tran met Nga Le online in early 2011. He made two visits to Le’s Toronto home that same year, as well as a two-week holiday to the U.S.

The pair’s relationship became serious, according to the documents, and Le moved to Victoria in 2012 after visiting Tran’s home, although the pair didn’t live together.

READ MORE: B.C. online divorce assistant aims to streamline paperwork

In the first half of 2012, Tran sent funds to Le 10 times totalling $13,600. Transactions included $1,450 for Le to buy a plane ticket to Vietnam and roughly $4,700 deposited directly into Le’s bank account. Roughly $6,900 in funds were spread over five electronic transfers to Le’s mother, who was living in Vietnam at the time.

While the terms of repayment were never discussed, Tran claimed that Le agreed to reimburse him for the monies. But Le disagrees, court documents show, and claims most of the advances were gifts – minus $6,000 of the funds which she repaid to Tran on June 22, 2012.

According to Justice Ted Gouge, the determining factor is what kind of relationship exists between the payer and the recipient.

If they were married, the “presumption of advancement” applies, Gouge said, which means that the payments are presumed to be gifts. If not married, there is a “presumption of resulting trust” which means the recipient is obliged to repay the sums.

While both arguments may be rebutted by evidence that suggests a contrary intention on the part of the payer, the evidence from Le didn’t establish beyond a reasonable doubt that Tran intended the payments to be gifts.

“Accordingly, the evidentiary onus carried by Ms. Le is undischarged, and Mr. Tran is entitled to judgment for $7,629,” Gouge ruled. Le was also ordered to pay Tran’s $156 filing fee and prejudgment interest set by the registrar from June 1, 2012 to Feb. 10, 2020.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

CourtGift GuideLoans

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

Comments are closed

Just Posted

Rosslanders celebrate Canada Day in style

Locals organized a museum scavenger hunt, a Mt. Roberts flag-raising ceremony and evening fireworks

Hwy 1 flooding causes massive delays on certain Arrow Lakes ferry routes

Motorists have been waiting around three hours to get on ferries

Rossland Museum and Discovery Centre expands operations online

The facility also opened back up to the public earlier in June

Mills oppose Celgar’s ask for cheaper logs destined for chipper

The Castlegar mill has asked the province for a lower rate for any log that goes straight to pulp

City of Rossland’s annual report focuses on infrastructure

The city released the report online last month

QUIZ: A celebration of dogs

These are the dog days of summer. How much do you know about dogs?

300 Cache Creek residents on evacuation alert due to flood risk as river rises

Heavy rainfall on Canada Day has river rising steadily, threatening 175 properties

First glimpse of Canada’s true COVID-19 infection rate expected mid-July

At least 105,000 Canadians have tested positive for COVID-19 since the coronavirus was identified

Police ramp up efforts to get impaired drivers off B.C. roads this summer

July is dedicated to the Summer CounterAttack Impaired Driving Campaign

Migrant workers stage multi-city action for full status amid COVID-19 risks

‘COVID-19 has exacerbated an existing crisis’

Okanagan school drops ‘Rebels’ sports team name, citing links with U.S. Civil War

Name and formerly-used images “fly in the face” of the district’s human rights policy, says board chair

PHOTOS: B.C.’s top doc picks up personalized Fluevog shoes, tours mural exhibition

Murals of Gratitude exhibit includes at least one portrait of Henry alongside paintings of health-care workers

In troubled times: Independence Day in a land of confusion

Buffeted by invisible forces and just plain worn out, the United States of America celebrates its 244th birthday

Stop enforcing sex work laws during COVID-19, advocates say

There are provisions in Canada’s prostitution laws that make workers immune from prosecution, but not from arrest

Most Read