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
'A beautiful soul': Funeral held for baby boy killed in wrong-way crash on Highway 401
A funeral was held on Wednesday for a three-month-old boy who died after being involved in a wrong-way crash on Highway 401 in Whitby last week.
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.
Biden says he will stop sending bombs and artillery shells to Israel if they launch major invasion of Rafah
U.S. President Joe Biden said for the first time Wednesday he would halt shipments of American weapons to Israel, which he acknowledged have been used to kill civilians in Gaza, if Prime Minister Benjamin Netanyahu orders a major invasion of the city of Rafah.
Rookie goalie Arturs Silovs to start for Canucks in Game 1 vs. Oilers
Rookie goalie Arturs Silovs will start in net for the Canucks as Vancouver kicks off a second-round series against the Edmonton Oilers Wednesday night.
Quebec premier defends new museum on Quebecois nation after Indigenous criticism
Quebec Premier Francois Legault is defending his comments about a new history museum after he was accused by a prominent First Nations group of trying to erase their history.
Nijjar murder suspect says he had Canadian study permit in immigration firm's video
One of the Indian nationals accused of murdering British Columbia Sikh activist Hardeep Singh Nijjar says in a social media video that he received a Canadian study permit with the help of an Indian immigration consultancy.
Pfizer agrees to settle more than 10K lawsuits over Zantac cancer risk: Bloomberg News
Pfizer has agreed to settle more than 10,000 lawsuits about cancer risks related to the now discontinued heartburn drug Zantac, Bloomberg News reported on Wednesday, citing people familiar with the deal.
U.S. presidential candidate RFK Jr. had a brain worm, has recovered, campaign says
Independent U.S. presidential candidate Robert F. Kennedy Jr. had a parasite in his brain more than a decade ago, but has fully recovered, his campaign said, after the New York Times reported about the ailment.
B.C. theatre to pay $55K to neurodivergent actor in discrimination case
British Columbia's human rights tribunal has awarded a neurodigergent actor, who was diagnosed with sensory and learning disorders, more than $55,000 after finding that a Kelowna theatre company discriminated against him because of his disabilities.