What happens when a cheating husband gives his mistress money for a diamond ring?
He doesn’t get it back, according to the B.C. Civil Resolution Tribunal.
A case published by the tribunal Thursday laid out a case where a man, identified only as R.T., believed the $1,000 he gave his mistress, A.L.T., for a diamond ring should be returned to him.
Documents said the husband gave his mistress $1,000 to buy herself a ring in December 2017.
According to the mistress, the money was a Christmas gift and she used it to buy a ring for $999.99 and herself paid $120 in tax for a total of $1,199.99.
On March 6, 2019, the mistress said the wife learned of the affair and demanded she return all gifts the husband gave her. The mistress said she sent the wife a cheque for $800 so “his wife could stop bothering her and so she could move on.”
The mistress said the wife asked for more money shortly after and submitted a letter to the tribunal where the wife said she was billing the mistress $5,000 for 10 years of labour fixing her car, but that they would take $4,000. The letter alleged the husband had been fixing the mistress’ car.
The mistress said that given the wife’s behaviour, she cancelled the cheque and told the couple not to deposit it.
Following that, the husband received a text message from the mistress stating: “About the ring it is not $1200 I am the one who paid for the taxes so it is only $1000. That $1000 is nothing I can give it to you right away…”
Tribunal member Sarah Orr said by B.C. laws, the ring qualified as a gift which does not need to be repaid.
“The applicant says he gave her the money, and there is no evidence this was a loan or that the respondent agreed to repay the applicant at the time,” Orr wrote.
Orr dismissed the husband’s claim.