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The B.C. Court of Appeal has ruled a North Vancouver man does not have to pay back nearly $250,000 stolen by his wife from her employer before she died, but the widower is still liable for more than $100,000.

The case began after the 2012 death of Wanda Moscipan when the Vancouver Coastal Health authority attempted to recover nearly $600,000 it found she had embezzled during her eight years as a financial administrator.

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The health authority launched legal action against both Moscipan’s estate and her husband, and a lower court ruled the widower must have known his wife was receiving funds through fraudulent means.

That decision ordered Miroslaw Moscipan to repay $246,073.23., finding that amounted to the portion of stolen funds used to cover family expenses.

At the time, Justice Leonard Marchand wrote restitution on the part of her husband “is adequate to send a message to others that they do not stand to benefit from the misdeeds of others when they know or ought to know of ill-gotten gains.”