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Skip to Search Results- 5Unjust Enrichment
- 4Restitution
- 3Canada
- 2Actions & Defenses (Law)
- 2Commercial 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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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...