Is an engagement ring a conditional gift that must be returned if the marriage does not take place?
Ontario, Canada
The following excerpt is from Konopka v. O’Meara, 2011 ONSC 3229 (CanLII):
There is case law to support the proposition that engagement rings are conditional gifts that must be returned if the marriage does not take place. However, in those cases, the courts have looked at who broke off the engagement. If the donor did, the donee keeps the ring: McArthur v. Zaduk, [2001] O.J. No. 2284 at para. 58 (S.C.).
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