Two former BC lovers who had been together for almost seven years ended up in a legal fight over debt.
Donna Antonio initiated the small claims case at a BC Civil Resolution Tribunal against her past romantic partner, Leomar Diaz, whom she was with for 6.5 years.
In total, Antonio claimed she was owed $2,755 in debt.
She claims she lent $2,000 to resolve a family issue and $755 for miscellaneous expenses after they broke up.
Diaz denied Antonio’s claims, suggesting she lent his brother the $2,000, not him, so he’s not on the hook. He claimed the other $755 was a gift.
So, what did the tribunal think?
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In evidence, text messages highlight that the $2,000 loan was discussed between the two parties. Claims from Diaz about the loan being for his brother aren’t apparent, but the tribunal said that wasn’t necessary for Antonio’s claims. An e-transfer showed that she sent the money directly to Diaz.
Numerous messages highlight that Diaz agreed to repay her.
On the $755, Diaz once joked about putting the debts “on his tab” and suggested the financial help was a gift, not a loan.
The tribunal didn’t see any evidence indicating that it was a gift.
Numerous text messages show that both parties kept a running tally of debts, with Diaz continuously suggesting Antonio would be paid back.
“While the tone of the parties’ text conversations about money was generally light, I find there is no basis to conclude the money Ms. Antonio spent on Mr. Diaz was gifted rather than loaned,” the tribunal said.
Ultimately, Diaz was forced to pay more than the allocated debt thanks to tribunal fees he was on the hook for, owing a total of $3,021.81.
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