B.C. resident ordered to repay $5,000 e-transfer they were sent by accident
A B.C. resident will get back the $5,000 they accidentally e-transferred to someone else instead of moving the money to one of their own accounts.
A Civil Resolution Tribunal posted a decision Wednesday about the dispute between someone who said they sent the $5,000 in error and the recipient, who claimed they never got the money.
Tribunal member David Jiang said the decision was made based on the balance of probabilities, meaning one scenario was more likely than not.
The tribunal heard the sender meant to transfer the money to herself through online banking last September, but instead of selecting her own account, she selected someone else as the recipient. Jiang said a bank statement from that time shows a transfer of $5,000 that matches the accidental recipient's name.
Documents from the bank, BlueShore, corroborated both the recipient and the sender, Jiang said, and also showed the money was deposited by the recipient about 30 minutes after it was sent.
The recipient argued they no longer use the email address the money was mistakenly sent to.
"I find this submission unpersuasive as they did not say they lost access to the previous email address or that someone else had taken control over it," Jiang wrote. "They provided no evidence that someone else accepted the money using the old email address."
Jiang wrote the evidence presented to him showed $5,000 was sent "through email … and the respondent deposited it."
"BlueShore gave no indication that the money never arrived or was sent to someone else," his decision said. "Given the above, I find it proven that the respondent received $5,000 from the (sender) through a mistaken transaction."
Jiang said previous CRT decisions "generally apply the law of unjust enrichment" when considering mistaken e-transfers. He said he finds the recipient was "enriched by the claimed amount of $5,000," and ordered them to pay that money back.
The recipient was also ordered to pay the sender about $200 in CRT fees.
CTVNews.ca Top Stories
Minister 'outraged' after AFN national chief's headdress taken from Air Canada cabin
The federal minister of Crown-Indigenous relations is calling on Air Canada to 'make things right' with the national chief of the Assembly of First Nations, who said her headdress was removed from an airplane cabin during a flight this week.
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
'Violation': CSIS had officer investigated after she reported a superior raped her
A CSIS officer's allegations that she was raped repeatedly by a superior in agency vehicles set off a harassment inquiry, but also triggered an investigation into her that concluded the alleged attacks were a “misuse” of agency vehicles by the woman.
'Too young to have breast cancer': Rates among young Canadian women rising
Breast cancer rates are rising in Canada among women in their 20s, 30s and 40s, according to research by the University of Ottawa (uOttawa).
'I was scared': Ontario man's car repossessed after missing two repair loan payments
An Ontario man who took out a loan to pay for auto repairs said his car was repossessed after he missed two payments.
Canada recognizes housing as a human right. Few provinces have followed suit
As more Canadians find themselves struggling to afford or find housing, the country's smallest province is the only one that can point to legislation recognizing housing as a human right.
Charlie Woods, son of Tiger, shoots 81 in U.S. Open qualifier
Charlie Woods failed to advance in a U.S. Open local qualifying event Thursday, shooting a 9-over 81 at Legacy Golf & Tennis Club.
Taylor Swift dons Montreal designer's dress in 'Fortnight' video
A pair of Montreal designers' work has now been viewed over 41 million times. Taylor Swift dons a Victorian throwback black gown in her latest music video, 'Fortnight', designed by UNTTLD due Simon Belanger and Jose Manuel Saint-Jacques.
What to know about avian influenza in dairy cows and the risk to humans
Why is H5N1, or bird flu, a concern, how does it spread, and is there a vaccine? Here are the answers to some frequently asked questions about avian influenza.