Breaching Marriage Promises:

Question: Can I keep an engagement ring after an Ontario breakup if I think my ex caused the relationship to fail?

Answer: ?

Answer:   In Ontario, if an engagement ring was given in contemplation of and conditional upon marriage, it is generally treated as a conditional gift that must be returned when the engagement ends, and fault is usually irrelevant to the return. The reasoning comes from common-law contract principles about a promise to marry plus consideration, and it is also supported by Marriage Act, R.S.O. 1990, c. M.3 at section 33, which says the donor’s right to recover the gift is not affected by whether failure or abandonment was caused by fault. Courts have likewise described an engagement ring as a conditional gift when marriage does not occur (see Pavan v. Laudadio, 2013 CanLII 101049). If you want help figuring out what applies to your specific situation and whether you can demand or avoid returning the ring, Lynxs Paralegal can assist you with clear next steps in Ontario, including documenting what was promised and when, and communicating a practical resolution plan; call (647) 249-6676 for guidance.

Understanding Who Gets the Engagement Ring After a Break Up

When a relationship breaks down including an engagement to marry, which is, effectively, a promise or contract to enter into marriage, the engagement ring must be returned to the person that gave the ring as an offering for the promise to marry.  While it may seem cold and rather unromantic, as the law often is, from the legal point of view, generally, the six standard contractual formation elements are established within an engagement whereas the proposal is an Offer to marry, the 'yes' response to a proposal is Acceptance, and the ring given and promise to marry given in return are bilateral Consideration; and accordingly, if the two persons involved are with Capacity to contract (meaning unintoxicated or otherwise mentally incapable of entering into legally binding contracts), and do indeed have a genuine understanding and thus Intention, and are legally of age and are without any other Legality concerns, in law, a contract is formed.  Furthermore, where a ring is given for the promise to marry, such is viewed in law as a conditional gift per the case of Pavan v. Laudadio, 2013 CanLII 101049 at paragraph 23 which said:

In addition to the common law principles applicable to a ring as a conditional gift, such was codified by statute law within section 33 of the Marriage Act, R.S.O. 1990, c. M.3 which states:

Furthermore, as stated in the Pavan case as well as the Marriage Act, fault for the breakdown of the relationship and termination of the engagement is irrelevant; accordingly, if someone 'cheated' or if the relationship became abusive, or if there was any other form of perceived fault or blame, the law is disinterested and disallows such as a reason to avoid return of the engagement ring.  Accordingly, the requirement to return an engagement ring, being the conditional gift, appears as absolute.

Summary Comment

The common law and the statute law are clear.  An engagement ring is a conditional gift that must be returned, regardless of who is at fault for the relationship breakdown, upon termination of an engagement.