Remedies

This book offers step-by-step guidance to the resolution of restitutionary claims in specific contexts and is structured in accordance with the elements of the cause of action in unjust enrichment: (1) the defendant's enrichment, (2) the plaintiff's corresponding deprivation, and (3) an absence of juristic reason for the transfer between the parties. Other features include diagrams illustrating difficult concepts, hundreds of new Canadian cases summarized and explained, and new extended discussion of restitutionary claims within families (other than between spouses).

This book covers the basic principles, juristic reasons for reversing enrichments, defences, and restitution, highlighting unique aspects of Canadian law like remedial constructive trusts and the civilian-inspired test of injustice. The book takes a practical approach, citing recent cases and using diagrams to illustrate key concepts.

This edition is designed to provide an accessible but comprehensive review of all the relevant cases on equitable remedies, as well as give context and analysis of the history and methods of equity in the common law of remedies.

The title includes developments regarding remedies for breach of contract with alternative modes of performance and wrongfully dismissed employees’ entitlement to discretionary benefits. Chapters also deal with damages for personal injury, restitutionary remedies, certainty and causation, remoteness of damages, mitigation, and reasonableness of liquidated damages clauses.