As evidence that the vibrator was never a gift, the claimant provided the court with text messages in which he referred to the item as “his” magic wand and instances where the woman had to ask for permission before using it.
A Civil Resolution Tribunal in British Columbia has ruled that a woman has to return a Hitachi Magic Wand vibrator and two down pillows to her ex-boyfriend after a recent breakup.
The basis of the ruling was that the items were never intended to be gifts.
Currently the Hitachi Magic Wand is selling on Amazon in the price range of $70 to $100 dollars. It is alleged that the total value of the items to be returned was around $300.
As evidence that the vibrator was never a gift, the claimant provided the court with text messages in which he referred to the item as “his” magic wand and instances where the woman had to ask for permission before using it.
Despite the woman arguing that the messages were a form of role play, the court decided in favour of the male.
“I find it suggests she may not have accepted the Magic Wand as a gift even though she had possession of it. Again, acceptance is required for a legally effective gift,” said a tribunal member about the law around gift giving.
Furthermore, the man argued that the pillows were only intended for his own personal use during sleepovers since he didn’t like his ex-girlfriends synthetic pillows.
Due to the court order, the woman now has 30 days to return the items and she must pay a $125 tribunal fee.
Libby’s Desk
Commentary and must-reads from Libby’s desk, straight to your inbox.
TPM Newsletter
The Post Millennial’s top stories, delivered to your inbox.
