Father Gifted Tuition Money, Can He Take It Back from Me
My question involves personal property located in Ontario, Canada.
In July of 2005, when I was 12 years old, my parents opened an account for me at a flying club/school in Ontario. This account is for the purpose of depositing funds to be put towards flight training at the school. The account was, and still is, in my name, and due to company policy, all funds deposited into the account are the property of the account holder. Also, all funds withdrawn from the account are presented to the account holder in a written cheque form, in the account holder's name. I have a record of all transactions since the date the account was opened.
In August of 2005, I did some flying through a summer camp, which my father paid for. He deposited $1000.00 at the start of the week long camp, and the balance in the account at the end of the camp was $123.02.
In May of 2010, I applied to the college program which enabled me to get my pilot's license through this same flight school, where the account (still in my name) was still open, with the same balance. My father agreed to pay for my tuition to the college, as well as to the flight centre. When I asked him how much of my tuition he would pay for, and how much I would have to pay back, he replied that I would not have to pay him back the money, but he would only pay for my tuition up to $20,000.00. I asked if this would change if I failed or switched programs, and he said that he would pay up to $20,000.00 towards tuition payments to any program, but the money would be paid for in installments made by him, and I would not have to return any money. I agreed.
Between the dates of May 13, 2010 and May 12, 2011, recurring payments were made by my father into my account using his Visa card. These funds were used for flight payments only, and were never withdrawn by me or my father for personal use at any time. The date at which I requested a statement of my balance and an invoice of all payments was June 28, 2012. The invoice states that the current balance of the account is $11,523.49. On the same date, I requested that $11,000.00 of the funds be withdrawn. The company informed me that a cheque would be cut for me in my name in a week's time, as I am the account holder.
When I told my father this, he told me he wanted the money back immediately, in order to put it into his bank account to pay for my schooling in the upcoming fall of 2012. (The program I am entering into is an accounting program at a public college, and is not affiliated with the flight school in any way). I told him I would like to hang onto the money and pay for the schooling myself. He refused this option, at which point I attempted to accommodate him. I said I would be happy to return the money on the condition that it be put into writing that the money would be put into a savings account, and would be used for the sole purpose of paying my tuition fees to the school I was attending, and, (just to be clear,) for no other purpose. My father refused, and demanded that I hand over the cheque, which is in my name, so that he may sign it in his name and take the money back. He told me if it was returned to him, he would not use it to pay my tuition. When I asked what he would do if I decided to keep the cheque, he said he would, quote, "take [me] to court."
What are the legalities of this issue? I need to make tuition payments to the school using this money. I need advice please.
Other information: I turned 18, and was therefore a legal adult, in October of 2010. I am (obviously) currently 19 years old. The man in question was my legal guardian since birth, until I turned 18. He is my biological father. I have not signed any written contract, nor made any oral agreement, that I would return the money, other than what I have described above. He also did not request the money back before the date at which I withdrew the money from the account.
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