What is the test for recovering back the deposit of a wager?
Ontario, Canada
The following excerpt is from Walsh v. Trebilcock, 1893 CanLII 34 (ON CA):
Vaughan, B., in the same case, cites the language of Holroyd, J., in Robinson v. M earns, 6 D. & R. 26: “The right of the party to recover back a deposit does not depend upon whether the wager be illegal and void, or whether it be won or lost; but upon whether the stakeholder has received it on an illegal consideration, for if he has he is bound to refund it.”
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