A B.C. worker owes his ex-employer $12,415 after a Bitcoin ATM scam — could you be on the hook if you're fooled at work?

In McMillan v. 1184962 B.C. Ltd. d.b.a. Prime Cannabis, 2026 BCPC 291, the Provincial Court of British Columbia ordered Trevor McMillan to pay $12,015.64, after crediting $400 he had already paid toward the loss. The judgment also includes the business’s filing and service fees, plus prejudgment interest.

How a phone scam cost a B.C. worker $12,415

McMillan was working as a budtender at a Prime Cannabis store in West Kelowna on Jan. 1, 2025, when he received a phone call from someone claiming to be the building manager.

The caller told him the store’s business licence had expired and that officials could arrive to issue fines. Another caller impersonated the store manager, reinforcing the impression that the instructions were legitimate.

McMillan was directed to remove cash from the store safe and deposit it into Bitcoin ATMs to pay for an urgent licence renewal. He transferred $12,415.64 in total. The money was lost, and his employment was terminated four days later.

The judge accepted that McMillan honestly believed he was acting on instructions from his employer. Evidence supporting that conclusion included his handling the cash openly at the store, his frantic reaction when he realized something was wrong and his cooperation with the manager and police.

The judge acknowledged inconsistencies in parts of McMillan’s testimony but found that other evidence supported his account. The decision also noted that sophisticated financial frauds exploit victims’ trust and vulnerability.

That did not, however, settle the question of who was responsible for the missing money.

Why the employee was still liable

The employer sued McMillan for conversion, a tort involving the intentional use or control of someone else’s property in a way that interferes with their right to possess it.

Crucially, conversion is a strict-liability tort. The judge found that McMillan deliberately removed and transferred cash belonging to his employer without authorization. His honest belief that he was following legitimate instructions did not provide a legal defence.

The judge distinguished the civil claim from a criminal prosecution. Had McMillan been charged with theft, the judge said the evidence would not have established criminal intent beyond a reasonable doubt. But the civil claim concerned conversion, which did not require proof that McMillan intended to steal the money or knew his actions were unauthorized.

The judgment was for $12,015.64 after the court credited the $100 bill McMillan returned and his final paycheque, which he had surrendered to the employer. The business was also awarded its filing and service fees and prejudgment interest dating from Jan. 2, 2025.

Can your employer make you pay for a workplace scam?

The ruling doesn’t mean employees automatically have to reimburse their employers whenever they fall for a scam. The outcome depends on the circumstances, the property involved and the legal claim being made.

There’s also an important distinction between an employer pursuing a civil claim and simply deducting money from an employee’s wages.

In B.C., section 21 of the Employment Standards Act generally prohibits employers from requiring employees to pay business costs or making unauthorized deductions from their wages. That protection doesn’t necessarily prevent an employer from bringing a separate civil claim, as the Prime Cannabis case demonstrates.