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    Salmat's Avatar
    Salmat Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 10, 2015, 05:22 PM
    Law regarding engagement rings in Ontario, Canada
    Hi

    I am Australian that meet my girl friend in Canada in 2014, she was meet to come out here in feb 2015. She push to have an engagement ring had I paid $6000 for the main diamond. We broke up and no she will not return my money.

    What rights do I have, as I'm not making ends meet at the moment.

    Thanks
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #2

    Feb 10, 2015, 07:06 PM
    It was a gift. While ethically she should return it. I suspect you were scammed.
    ma0641's Avatar
    ma0641 Posts: 15,681, Reputation: 1012
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    #3

    Feb 10, 2015, 07:10 PM
    Depends on the jurisdiction. You most likely won't get the money back but:
    Just a few years ago, the Supreme Court of Pennsylvania stuck steadfastly to the no-fault reasoning and decreed that the donor should always get the ring back if the engagement is broken off, regardless of who broke it off or why. Lindh v. Surman, 742 A.2d 643 (Pa. 1999). Over 20 other states have the same rule.
    Unfortunately you are not in the US.
    Alty's Avatar
    Alty Posts: 28,318, Reputation: 5972
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    #4

    Feb 10, 2015, 07:22 PM
    An engagement ring is a promise to marry. If the marriage doesn't take place the fiancÚ that got the ring is required to return the ring. She's not required to pay for the ring unless she plans to keep it.

    Try small claims court if she won't return the ring.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #5

    Feb 11, 2015, 06:06 AM
    I don't think this is codifed, but more a matter of case law.

    But I still think you were scammed. That she has sold the ring and disappeared.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Feb 11, 2015, 09:44 AM
    It's unclear whether OP is in Australia or Ontario, but even if he is in Ontario suing her will probably cost more than what it's worth, and chances are that he won't ever recover the money in any event. I'd chalk it up to experience, if I were him.
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
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    #7

    Feb 11, 2015, 08:24 PM
    Quote Originally Posted by Salmat View Post
    What rights do I have, as I'm not making ends meet at the moment.
    Not a legal answer but I have to point this out... If you are not making ends meet, then maybe you should have thought about paying $6,000 for a ring. Sadly, it just seems like an expensive learning lesson.
    Alty's Avatar
    Alty Posts: 28,318, Reputation: 5972
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    #8

    Feb 11, 2015, 08:25 PM
    Good point Odinn. Had to spread the rep.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #9

    Feb 12, 2015, 05:43 AM
    Yes, in the US, there are various states with specific laws for engagement rings.
    I agree that it will cost more than the ring is worth to try to sue internationally, even if AU and the province she is in have laws. Winning is one thing; getting paid is another.

    And I agree that this was an expensive learning experience. You could have said "Let's pick out the ring together when you get here."
    talaniman's Avatar
    talaniman Posts: 53,919, Reputation: 10852
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    #10

    Feb 12, 2015, 05:50 AM
    If she isn't coming to where you are at, and you aren't going where she is, suing for the ring, or it's value, is futile. She probably pawned it by now anyway, so chalk it up as a lesson learned and get your life together without her.

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