Surrey Uncle Demanded Refund Of Wedding Gift

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    Jan 7, 2005
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    Surrey uncle demanded refund of wedding gift
    By Dan Ferguson - Surrey North Delta Leader
    Published: May 23, 2010 6:00 AM

    When Surrey blueberry farmer Surjit Gill arranged the marriage of his niece Kulwinder Kaur to Balbir Jaspal in 2000, he gave the husband-to-be $25,000.

    Two years after the marriage took place, Gill demanded the money back.

    The matter ended up in court, where a Vancouver B.C. Supreme Court judge ruled the money was a gift, not a loan, and did not have to be repaid.

    In her written reasons for judgement released Tuesday, Justice Gail Dickson said neither Gill nor his wife Parmjit Gill were credible witnesses.

    "He [Gill] testified in a manner that was evasive and sometimes demonstrably inaccurate," Dickson said.

    The wife Dickson said, "gave her evidence in a pat manner in an apparent effort to mirror Mr. Gill's evidence."

    Gill claimed that Jaspal had demanded a loan before he went to India to get married and pressured the uncle into taking the money out of an already-overdrawn bank account.

    The judge called that version of events "inherently improbable."

    There was nothing written on the cheque to show the amount was a loan, Dickson noted, nor was there any written loan agreement.

    Jaspal and another man testified that when Gill wrote the cheque, he said nothing about a loan, hugging his niece's fiancé and saying "this is what I promised you."

    Jaspal's testimony was "generally credible" the judge said.

    The written reasons for judgment noted that before their falling-out over the money, the younger Jaspal and Gill were friends.

    "The sum advanced was undeniably substantial," the judge said.

    "Mr. Gill is, however a man of substantial means. He chose to offer and give Mr, Jaspal a wedding gift of this magnitude. For undisclosed reasons, he later had a change of heart."

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