Can a gifted IPhone be considered stolen and legally taken back?

My boyfriend gifted me the IPhone I'm currently using, about four months ago and we recently broke up. He told me that the phone was mine and I could keep it, however now he is telling me if I do not return it then legal action will be taken. What are my/ his options here? And considering how crappy he's being I don't plan on giving it back without a fight and am pondering just smashing it before giving it back. If I smash it will I get in trouble if it was an "accident"? What do I do here? I need a phone and don't deserve to be so inferior simply because I don't have the money to buy another phone. He doesn't need the phone. He is just being spiteful.

Why do you want to keep a gift that someone wants returned? Why would you want to "fight" to keep it? Why would you want to destroy a property out of spite? These are questions that only you can answer.

Legally speaking, the phone is probably your property now. However, this could change if you were not given a phone that was stolen from someone else. If the phone is stolen property and you know that it is stolen, you could be considered to have been the receiver of stolen goods which is a crime in Canada.

My advice would be for you to return the phone and think of the best way to acquire one of my own that no one would be able to threaten me to return. Become an independent person who can take care of herself.

There are many cheap, basic cellphones available on the market. Also, many of the service providers (e.g. Telus, Rogers) will include an IPhone when you sign a long-term contract with them. Each month that you pay your cellphone bill, a part of the price of the phone is knocked off and you will own the phone by the time the contract ends. If your financial circumstances improve during the term of the contract, you can get an upgrade.