A B.C. civil suit backfired on the spouse who filed it against her former romantic partner.
HD and YX were the two former romantic partners involved in a BC Civil Resolution Tribunal dispute.
HD, the applicant, filed the suit, claiming that YX, the respondent, owed her $1,548.01 for items she purchased on his behalf, as loans.
YX claimed HD’s claim was false and that there were no loans between the parties. YX also filed a counterclaim, claiming that HD threw rocks at his windows and harassed him. YX claimed damages of $1,321.60 to replace his windows and $2,000 for harassment.
The applicant told the tribunal that she had purchased two sculptures for YX worth $750 in October 2022. HD offered a statement from someone named DJ, who said that while HD paid for the sculptures, YX was the one who took them.
Later that month, HD bought an Arc’teryx coat she claimed was for YX for $798.01.
The tribunal inferred that YX alleged the items were gifts and said that the person alleging a gift carries the burden of proving it. The tribunal found that the evidence shows that HD was the one who generally paid for things, including meals, trips and other items.
HD did not begin asking for money until Feb. 23, three days after an alleged window-breaking incident.
The tribunal determined that the purchased items in question were intended as gifts.
YX claims that on Feb. 20, after the parties broke up, HD broke three windows by throwing rocks at them. YX relied on text messages submitted as evidence.
On Feb. 20 at around 10:20 p.m., HD texted YX to “please come out.”
YX replied that HD had to pay for the windowpane she smashed.
HD responded, “You deserve that.”
On Feb. 26, HD texted, “The window was just broken, it was snowing heavily.”
YX also relied on the fact that there were criminal charges laid against HD for mischief under $5,000. HD claimed she was innocent because the Crown stayed the charges, and additionally claimed that YX made up the allegations because he owed her money.
The tribunal found it more likely than not that HD did indeed damage YX’s windows.
While the tribunal dismissed the monetary claim for damages in the B.C. civil suit, it did award YX $1,282.46 for the window damage and tribunal fees.