J. Hooper

The applicant law firm was the victim of a wire transfer fraud, resulting in trust funds being erroneously transferred to a corporate bank account controlled by the respondent.

The bank froze the remaining funds.

The applicant brought an application for the return of the funds paid under a mistake of fact.

The court found that the funds were paid under a mistake of fact, the applicant did not intend for the respondent to receive the funds, and there was no consideration.

The respondent failed to establish a change of position defence.

The court ordered the bank to release the funds to the applicant.

The appellant, acting as substitute decision-maker for her incapable mother, appealed a Consent and Capacity Board decision ordering her to consent to a palliative plan of care.

The Board had found that the mother's condition would continue to deteriorate and that the palliative plan was necessary to allow her transfer to a chronic care facility.

On appeal, fresh evidence demonstrated that the mother had stabilized on continuous ventilation and had already been transferred to the chronic care facility without adopting the palliative plan.

The Superior Court of Justice admitted the fresh evidence, found that the evidentiary foundation of the Board's decision had fundamentally shifted, and quashed the Board's decision as unreasonable.