Decision

Copytrack Pte Ltd. v Wall, 2018 BCSC 1709

2018-09-12

Read full decision. Summary prepared by Alan Macek:

The plaintiff, Copytrack is a Singapore company engaged in the business of digital content management and automated copyright enforcement. As part of its business, it created cryptocurrency known as “CPY Tokens”. Copytrack mistakenly transferred to Wall approximately 530 Ether Tokens. The value of the CPY Tokens intended to be transferred was about $780 CDN but the value of the Ether Tokens that were transferred was about $495,000 CDN. Copytrack advised Wall of the mistake and requested that he immediately return the Ether Tokens. To date, he has failed to do so. His position was that he no longer has possession or control of the Ether Tokens and has since died. The Ether Tokens were transferred out of the Wall Wallet into five different wallets. Wall asserts that these transfers were made by an unknown third party who unlawfully accessed his wallet without his knowledge or consent. Without needing to determine if cryptocurrencies were 'goods' for the purposes of the law of conversion, the Court ordered that Copytrack be entitled to trace and recover the 529.8273791 Ether Tokens received by Wall from Copytrack on 15 February 2018 in whatsoever hands those Ether Tokens may currently be held.

 

Canadian Intellectual Property