RETURN OF THE RING - By Gordon R. MacKenzie

Karen McArthur and Peter Zaduk had it all. The Toronto criminal lawyers bought a $357,000 house to live in together less that a year after they met. They began extensive renovations and could still afford elaborate vacations.

But Karen and Peter viewed their relationship differently. Peter was a one woman man. Karen thought their open dating relationship should continue after moving in together and she continued to see other men, intimately.

Despite their difficulties, the couple were engaged by the spring of 1998. Peter gave Karen a $27,000 engagement ring. That summer, on a European vacation together, Karen visited an old beaux in Paris. Peter broke off the engagement.

Peter did not immediately ask for the ring back, but took it several months later and gave it to his mother for safe-keeping. Naturally, the two lawyers proceeded to trial to settle their differences on separation (McArthur v. Zaduk).

Karen claimed and got back the ring, despite her infidelity. The trial judge found that since Peter broke off the engagement, Karen could keep the ring. Peter argued that Karen breached a condition of fidelity in their agreement to marry and thereby broke the engagement. The judge decided there was no such agreement between the parties and no such presumption. Since Peter let Karen keep the ring for several months, the court would not allow him to claim it now.

This article is presented as general information only and is not to be relied on as legal advice. You should contact your lawyer to see how the law applies to your circumstances before any action is taken.