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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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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...
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The Canadian principle of unjust enrichment: Comparative insights into the law of restitution
Download1999
In this article, the author explores the principle of unjust enrichment as formulated by courts of common law jurisdictions in Canada. He analyzes and assesses that principle in light of comparable principles applied in England, Australia and Quebec. He argues that while sound in many respects,...
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2016
Due to the high value that it placed upon the ownership of land, the common law traditionally was wary of intervening if the plaintiff non-contractually improved the defendant’s land. For the most part, liability was imposed only if the landowner acted unconscionably according to the doctrine of...
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2002
Introduction: The orthodox response to a breach of contract is compensation. The defendant must, through the monetary proxy of damages, place the plaintiff in the position that she would have enjoyed if the contract had been properly performed. The value of that remedy is calculated exclusively...
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1990
Introduction: Historically, the common law's attitude towards one who mistakenly provided non-monetary benefits to another, who neither requested nor acquiesced in their conferment, was tight-fisted and fiercely individualistic. \"One cleans another's shoes; what can the other do but put them...