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Skip to Search Results- 7Restitution
- 5Unjust Enrichment
- 4Canada
- 3Commercial Law
- 2Actions & Defenses (Law)
- 1Administrative Discretion (Law)
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2011
The article focuses on the advances made by the Supreme Court of Canada in the law of unjust enrichment on the case of Kerr versus Baranow which was clarified by Cromwell J. by returning to the first principles of unjust enrichment. The author states that the failure of the court to recognize the...
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BMP Global Distributions Inc. v. Bank of Nova Scotia: The unitary action in unjust enrichment
Download2009
In this article, the author discusses the decision of the Supreme Court of Canada on the unjust enrichment case BMP Global Distribution Inc. v. Bank of Nova Scotia. It states that the Supreme Court have granted the Bank of Nova Scotia the right to restitution following the mistaken payments,...
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2009
Circularp riorityp roblems are endemic in secured transaction law. A circular priority situation arises when there are three or more parties with competing claims to the same asset and there is no clear ranking ofpriority among them. There are multiple approaches applied by courts or advanced by...
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2003
This article analyzes the role of freedom of choice in the Canadian law of unjust enrichment. Courts must balance the plaintiff's interest in recovering a benefit, with which she did not freely part, against the defendant's interest in controlling the allocation of resources in his possession....
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Justifications and legal considerations for repatriation of First Nations material culture in Canada
Download2008
Introduction: The topic of repatriation of cultural items creates some discomfort as it may generate polarized perspectives and bring into focus issues of intercultural understanding, ethics, law, politics, knowledge, power, values, and economics. Questions such as “Who owns culture? Whose...
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2004
The article focuses on the Canadian law of unjust enrichment. The Canadian law of unjust enrichment is plagued by two related problems: (a) juristic reasons, and (b) discretionary justice. The first problem stems from the fact that different legal systems employ different strategies for...
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2007
The article discusses the two issues including ambiguity and error in the statement regarding equitable remedy that will necessarily involve discretion and questions of fairness in the judgment held in the Supreme Court case Garland v. Consumers' Gas Co. in Canada. It explains why unjust ought is...
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1988
The prevailing Canadian authorities more than justify John Ballem's conclusion that \"many a lease has come to an untimely and unexpected end\". This paper explores the right of a lessee to obtain compensation in the law of restitutionfor work performed where a lease has unexpectedly terminated....
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The use of conciliation or mediation for the resolution of international commercial disputes
Download2007
The article focuses on international commercial disputes, which are typically between private partners. It then emphasizes the conciliation or mediation as a method for the resolution of such disputes. It explores more international rules and model laws for the use of conciliation as an...
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1989
Introduction: At its simplest, the \"mistake of law doctrine\" holds that money paid under a mistake of law (as opposed to one of fact) is irrevocable. As any restitution lawyer can tell you, however, the doctrine is actually anything but simple. The amount of confusion which it has generated...