(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

COVID-19: No more international flights at Kelowna International Airport

All international flights at YLW have been suspended, airport to operate just nine flights a day

Reality TV show about bodybuilders still filming in West Kelowna amid COVID-19

Five bodybuilders from across the country flew to Kelowna to move into a house for a reality TV show

Water quality advisory rescinded for Lakeview water system in West Kelowna

The water quality advisory was required March 25 due to turbidity levels in Rose Valley Reservoir

‘Share the road’: More cyclists hitting Kelowna streets amid COVID-19 pandemic

Increased bicycle, pedestrian traffic due to shifting seasons and social distancing

RCMP investigate Kelowna grass fire

Police are looking to speak with two men following a grass fire on March 25

COVID-19 death toll reaches 50 in B.C., while daily case count steadies

B.C. records 34 new cases in the province, bringing total active confirmed cases to 462

UPDATE: Coronavirus concerns prompt event cancellations across the Okanagan

This is a running list of events cancelled across the Okanagan

South Shuswap residents criticize upgrades to Balmoral Road/Highway 1 intersection

Reliance on frontage roads and narrow underpasses near Blind Bay not good enough

B.C.’s COVID-19 rent supplement starts taking applications

$300 to $500 to landlords for April, May and June if eligible

B.C.’s top doctor details prescription for safe long weekend

Yes, it includes hosting an online cooking show

BC SPCA seeks help for abandoned German shepherd puppies

Donations have ‘petered out’ as doors are closed due to COVID-19

Serious assault leaves Osoyoos woman in critical condition: RCMP

A 60-year-old Osoyoos woman suffers life threatening injuries following assault inside home

COVID-19: Vernon pet grooming store closed temporarily after symptoms shown

Wet Spot Grooming and Pet Care to announce return Easter Monday

WATCH: Vernon gyms bring workouts home

‘This doesn’t change what’s happening in the world, but it can change how you cope with it’

Most Read