Christmas is approaching, and the decor will be lacking for one family after two friends battled over an archway in court.
Erin Michele Schonert took Myrtle Laureene Cloutier to court in a BC Civil Resolution Tribunal hearing, claiming she merely loaned the piece of decor, a Christmas tin soldier archway, to Cloutier.
Cloutier refutes Schonert’s claims, suggesting that it wasn’t a loan but a gift she is entitled to keep.
Schonert’s archway is about 8-9 feet tall, with Christmas lights and two toy soldiers on either side.
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This not-so-cheerful Christmas tale began when Schonert moved in November 2014 and didn’t have a place to display the archway at her new residence.
She claims she offered it to Cloutier as a loan until her children were old enough and had a place of their own for the archway to be displayed. Her deceased ex-husband purchased the archway, and Schonert says it has sentimental value for her kids.
Schonert’s claim suggests she “clearly communicated” that it was a gift to Cloutier and that Cloutier agreed to return the archway when Schonert’s kids were older.
She submitted not-so-impartial witness statements from her three children, her partner, and a family friend.
Schonert’s oldest son and partner claim they were present when Cloutier and her husband came to pick up the Christmas item and heard her acknowledge that it was just a loan. Schonert’s younger kids said the archway was loaned and would be returned when they were older. Meanwhile, Schonert’s family friend said the children have good memories of setting the archway up with their dad when he was alive.
Other evidence submitted includes a screenshot from Schonert with a comment that says she gave the item to Cloutier “to use until my boys are older.”
However, the date in the comment is cut off in the screenshot. Schonert claims it’s from 2014.
Four years later, Schonert texted Cloutier inquiring about her address, stating she’d “pick it up” around 11, but the message doesn’t reference the archway. Schonert claims she requested the archway on this day, but Cloutier said it was stored in an inaccessible area. Cloutier claims this text was about an unrelated item.
Schonert didn’t ask about it again until December 2022.
Cloutier says there was never a discussion about the archway being a loan. She even denied that Schonert’s children and partner were at the meeting. Cloutier’s husband and kids also provided witness statements supporting her claim that it was a gift. She also says she uses the archway each year as part of her Christmas decorations and even invested in spotlights to light it up.
Ultimately, it’ll be a merry Christmas for Cloutier and a slightly less merry one for Schonert.
The tribunal decision suggests it wasn’t easy to rule in favour of either party, but ultimately believed that Schonert gifted the archway to Cloutier.
“Even if I am wrong about the archway being a gift, I find that Ms. Schonert abandoned the archway.”
The tribunal member overseeing the case added, “I place little weight on both parties’ witness statements.”