What is the test for an intervener to adopt a payment as a discharge from a debtor?
Saskatchewan, Canada
The following excerpt is from Richardson Securities of Canada v. Perdicaris and Perdicaris, 1984 CanLII 2273 (SK QB):
At p. 191 the authors say: It is clear from the cases that a payment cannot be adopted by a debtor so as to perfect his discharge if it was not made with intent to discharge any debt at all. (emphasis added) And, referring to Smith v. Cox, [1940] 2 K.B. 558, that: [A] landlady’s agent, taking pity on her age and poverty, paid over to her the amount of rent which a recalcitrant tenant had failed to pay. Here too it is clear that the intervener never intended his payment as a discharge of the defaulting tenant. (emphasis added)
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