The Canadian Law of Unjust Enrichment and Restitution

ebook Volume 1

By Mitchell McInnes

cover image of The Canadian Law of Unjust Enrichment and Restitution

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Although it is often referred to as the third branch of private law", alongside contract and tort, the law of unjust enrichment and restitution is not well understood. The Canadian Law of Unjust Enrichment and Restitution, 2nd Edition is the only text that accurately reflects the modern Canadian law of restitutionary liability and has been thoroughly updated since the first edition published 8 years ago.

Written by Mitchell McInnes – Canada's leading authority on the law of unjust enrichment – this treatise explains this complex area in a straight-forward manner. It 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.

What's New In This Edition

  • More than 150,000 new words added
  • Hundreds of new Canadian cases summarized and explained
  • New extended discussion of restitutionary claims within families (other than between spouses)
  • Discussion of new Supreme Court of Canada decisions:
    • Atlantic Lottery Corp Inc v Babstock 2020 SCC 19 – restitution for unjust enrichment distinguished from disgorgement of wrongful gains
    • Uber Technologies Inc v Heller 2020 SCC 16 – test of unconscionability fundamentally altered
    • Montréal (City) v Octane Stratégie inc 2019 SC 57 – restitutionary implications of municipality's contractual incapacity
    • Threlfall v Carleton University 2019 SCC 50 – restitutionary consequences of retroactive mistake
    • Moore v Sweet 2018 SCC 52 – unjust enrichment in context of disappointed beneficiary of life insurance
    • Cowper-Smith v Morgan 2017 SCC 61 – clarified nature of proprietary estoppel
    • Canada (Attorney General) v Fairmont Hotels Inc 2016 SCC 56 – restated test for rectification of erroneous documents
  • Discussion of new appellate court decisions:
    • Lima v Kwinter 2021 ONCA 47 – unenforceable contingency fee agreement
    • Lindsay v Ambrosi 2019 BCCA 442 – unenforceable real estate services agreement
    • Steam Whistle Brewing Inc v Alberta (Gaming and Liquor Commission) 2019 ABCA 468 –scope of Kingstreet action for unconstitutional demands
    • Kim v Choi 2020 BCCA 98 – illegality defence
    • Hughes v Ontario (Liquor Control Board) 2019 ONCA 305 – effect of retroactive legislation
    • Hyczkewycz v Hupe 2019 MBCA 74 – effect of Torrens system on unjust enrichment
    • Gore Mutual Insurance Co v Carlin 2018 ONCA 628 – recovery of overpayment by insurance company
    • Paton Estate v Ontario Lottery & Gaming Comm (cob Fallsview Casino Resort) 2016 ONCA 458 – restitution or knowing receipt of misappropriated funds
    • Pitcher v Downer 2017 NLCA 13 – nature of unconscionability
    • Dunnison Estate v Dunnison 2017 SKCA 40 – effect of Torrens system on unjust enrichment
    • XY LLC v Topsires Selection Inc 2016 BCCA 469 – corporate veiled pierced for restitutionary liability
  • The Canadian Law of Unjust Enrichment and Restitution