Is a plaintiff entitled to return his or her former employer's money?
British Columbia, Canada
The following excerpt is from J.R.S. Holdings Ltd. v. Maple Ridge (District), 1981 CanLII 639 (BC SC):
If the plaintiffs establish that they were not in pari delicto or that there was practical compulsion (and I have held that they were not in pari delicto), does it follow that they are automatically entitled to the return of their money? I think the answer is no. The action for money had and received is not an action on a contract or a notional contract. According to Storthoaks v. Mobil Oil Can. Ltd., 1975 CanLII 156 (SCC), [1976] 2 S.C.R. 147, [1975] 4 W.W.R. 591, 55 D.L.R. (3d) 1, 5 N.R. 23, it is an action for return of money which the defendant has received but which the law says it would be unjust for him to keep.
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