Finders keepers

EDMONTON - It's finders, keepers - even when the item in question is a mysterious envelope containing $18,000 cash stuffed into the wrong post office box, an Alberta court has found.
Justice Marguerite Trussler of Court of Queen's Bench ruled an Alberta man who found the envelope and turned it over to police should get it back instead of the money staying with the federal government.

In a written decision released last week, Trussler quoted a legalese version of a rule honoured from playground to boardroom.
"The finder of a chattel acquires title that is good against the entire world except for the true owner."

In July 11, 2005, Burton Thomas opened a postal box he rents in Edmonton from Canada Post to find a bubble-wrapped courier envelope. According to court documents, Thomas had received such envelopes before and opened the latest one without looking at the address.

Inside, he found 18 bags, each containing $1,000 cash. He then checked the address and found the envelope had been sent from Ontario and was intended for another post office box at the same location as his.

Thomas photocopied the money and took the cash to police later that night. RCMP contacted the intended recipient, but to no avail.

"The intended recipient of the envelope refused to provide any explanation or acknowledgment of ownership of the money," reads the judgment.

As well, police found that the intended recipient had moved from Edmonton back to Ontario and was living at the return address found on the envelope. In December, the government began legal action to keep the money under laws governing proceeds of crime. But Thomas fought the attempt and pointed out no charges were ever laid.

Trussler found that in the absence of both criminal charges and anyone coming forward to claim the money, Thomas's claim was the strongest - and, in fact, serves the public good.

"People should be encouraged to act honestly," Trussler wrote. "Thomas returned the money after discovering that the envelope was not addressed to him . . . He should not be punished for his laudable actions of seeking out the true owner."

Thomas was awarded both the $18,000 and his legal costs.

He was not available for comment.