What is the test for obtaining back the proceeds of a fraudulent transaction?
Ontario, Canada
The following excerpt is from Major v. Canadian Pacific Railway, 1921 CanLII 18 (ON CA):
It appears well established that, “if money is paid or goods delivered for an illegal purpose, the person who had so paid the money or delivered the goods may recover them back before the illegal purpose is carried out; but if he waits till the illegal purpose is carried out, or if he seeks to enforce the illegal transaction, in neither case can he maintain an action; the law will not allow that to be done:” Mellish, L.J., in Taylor v. Bowers (1876), 1 Q.B.D. 291, 300.
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