(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

Just Posted

Hope Food Bank to run weekly, as other services close doors

Demand for the service is expected to rise as getting supplies becomes tricky

Social media a blessing and a curse during time of crisis: B.C. communication expert

‘In moments of crisis, fear is very real and palpable,’ says SFU’s Peter Chow-White

Portable washrooms open, campground closed to visitors as district deals with COVID-19

District also working with businesses on ‘voluntary reductions in operations and shutdowns’

Significant snowfall forecast for Interior mountain passes

Allison Pass, the Okanagan Connector, Rogers Pass and Kootenay Pass could see 15 to 25 cm of snow

Hope care homes, seniors residences close to visitors

Preventative measures ramped up as COVID-19 found in several B.C. long term care facilities

Canada expands 75% wage subsidy to COVID-19 affected businesses of all sizes: Trudeau

Program will provide up to $847 per week for each worker

LifeLabs reducing public hours as it assists with COVID-19 testing

Coronavirus tests not done at B.C. patient centres, referrals only

24,000 Canadian Forces members ready for COVID-19 response: Defence Minister

No direct requests made by premiers yet, national defence minister says

IN DEPTH: How B.C. emptied its hospitals to prepare for COVID-19

Thousands of beds have been freed up, but patients and seniors have had to sacrifice

‘Nothing concrete’: Tenants, landlords lack details after B.C. unveils COVID-19 rental aid

Single mom in Golden says she’s already going to the food bank after being laid off

B.C. is seeing the highest rate of COVID-19 recovery in Canada, and there’s a few reasons why

British Columbia was one of the first to see rise in COVID-19 cases, and has also switched up testing

Crucial details of Ottawa’s proposed wage subsidy program expected today

The government has rolled out a bailout package totalling more than $200 billion

World COVID-19 morning update: Olympics delayed one year; 12,000 health care workers infected

Comprehensive world news update: Lockdown in UK showing signs of hope

Most Read