Finders keepers? Tribunal orders B.C. man to repay accidental money transfers

B.C.'s small claims tribunal has ordered a man to repay approximately $950 he received through a series of accidental money transfers, rejecting an argument that essentially amounted to "finders keepers."

The four separate payments were sent between August 2020 and January 2021 by BookIT, a Kelowna-based film and TV talent agency, and were intended for an actor named Tyler Dreger.

Instead, the civil resolution tribunal heard the money went to a man with "the same name, and an almost identical email address" as the rightful recipient.

BookIT, which was represented by co-owner Greg Connell, said the other Tyler Dreger is a total stranger to the company, and should return the cash. The non-actor disagreed.

"Mr. Dreger argues that he is not obligated to return the money because this was not his mistake," tribunal member Richard McAndrew wrote in his decision.

While the tribunal agreed it wasn't Dreger's fault that he received the payments, McAndrew said the case still amounts to "unjust enrichment," a legal term describing situations in which one party gains at the expense of another, without a valid reason.

"Although Mr. Dreger was not responsible for receiving the money, he was enriched by the payments that were not intended for him," McAndrew wrote. "Under the doctrine of unjust enrichment, Mr. Dreger is obligated to return the money."

Dreger also told the tribunal he couldn't resolve the situation with BookIT because the person who contacted him was rude and threatening, and that his bank had advised him to leave the money and let the talent agency recover it through insurance. He did not provide evidence for either claim, and McAndrew was unswayed.

"I do not give these alleged statements any weight in my decision because Mr. Dreger's bank's alleged advice is not relevant to the issues in this dispute," he wrote.

Dreger was ultimately ordered to pay BookIT back $948.68 – the sum of all four transfers – as well as $3.04 in interest and $125 in tribunal fees.