In what circumstances will a defendant be liable for the entire amount of money he received in a transaction with a third party in which he is not liable?
British Columbia, Canada
The following excerpt is from Canadian Imperial Bank of Commerce v. Dura Wood Preservers Ltd., 1979 CanLII 373 (BC SC):
It goes without saying that I must regard Steam v. Ratel, supra, as a most exceptional case where, because of the particular circumstances which existed there, the court found that the two transactions were essentially different in substance or in kind. I regret that I cannot make the same finding here, and it follows that this defendant is liable for the whole amount.
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