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The Canadian Law of Unjust Enrichment and Restitution, 2nd Edition – Student Edition

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. This is the only text that accurately reflects the modern Canadian law of restitutionary liability. This is a student edition.
Publication Language: English

Hardcover | Approx. 2,420 pages

This Product is on PreOrder
Published: September 30, 2022
ISBN/ISSN: 9780433522737

Product description

Click here for the professional edition of The Canadian Law of Unjust Enrichment and Restitution, 2nd Edition.

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
    • International Longshore & Warehouse Union Local 502 v Ford 2016 BCCA 226 – spouse’s innocent receipt of misappropriated funds
    • VanCamp v Laurentian Bank of Canada 2015 ABCA 83 – test of injustice + scope of contract as juristic reason
    • Korman v Korman 2015 ONCA 578 – presumption of resulting trust between spouses
    • Low v Pfizer Canada Inc 2015 BCCA 506 – nature of test of injustice
    • Clarke v Johnson 2014 ONCA 237 – unjust enrichment and proprietary estoppel
  • Discussion of new English and Australian decisions:
    • School Facility Management Ltd. v. Governing Body of Christ The King College [2021] EWCA Civ 1053 – change of position defence
    • Samsoondar v Capital Insurance Company Ltd [2020] UKPC 33 – doctrine of mistake
    • Mann v Paterson Constructions Pty Ltd [2019] HCA 32 – unjust enrichment after repudiation of contract)
    • Prudential Assurance Co Ltd v Revenue and Customs Commissioners [2018] UKSC 39 – compound interest as restitution
    • Investment Trust Companies (in liquidation) v Revenue and Customs Comm [2017] UKSC 29 – availability of unjust enrichment for indirect recipients
    • Patel v Mirza [2016] UKSC 42 – illegality defence

Who Should Read This Book

  • Civil Litigators – Analyze and assess claims that present a potential case for unjust enrichment
  • Contract Law Practitioners – Improve contract drafting skills to keep any unforeseeable liability to the minimum
  • Government Lawyers – Understand the extent to which restitutionary liability may positively or negatively affect government authorities
  • Family Lawyers – Formulate better strategies in preparation for negotiation and settlement meetings, since unjust enrichment is the basis of almost every family dispute
  • Law Schools – A comprehensive textbook for any law school course on unjust enrichment
  • Law Libraries – The perfect addition to the library collection on titles on contract law, torts and private law
  • Judges – Detailed guidance for the resolution of restitutionary claims

Featured Authors

Table of contents

Part I— Introduction
Chapter 1: Introduction

Part II— Basic Principles
Chapter 2: Enrichment
Chapter 3: Corresponding Deprivation
Chapter 4: Absence of Juristic Reason

Part III— Non-Purposive Transfers
Chapter 5: Non-Participatory Transfers—Found, Stolen and Misdirected Benefits
Chapter 6: Non-Purposive Transfers—Mistaken Improvements

Part IV— Donative Intent
Chapter 7: Donative Intent—Mistake
Chapter 8: Donative Intent—Incapacity
Chapter 9: Donative Intent—Illegitimate Inducement
Chapter 10: Donative Intent—Conditional Transfers
Chapter 11: Donative Intent—Necessitous Intervention

Part V— Contract
Chapter 12: Contract—General
Chapter 13: Contract—Anticipated Contracts That Fail To Materialize
Chapter 14: Contract—Incomplete Agreements
Chapter 15: Contract—Want of Authority
Chapter 16: Contract—Incapacity
Chapter 17: Contract—Frustrated Agreements
Chapter 18: Contract—Mistake
Chapter 19: Contract—Illegitimately Induced
Chapter 20: Contract—Illegality
Chapter 21: Contract—Unenforceable
Chapter 22: Contract—Discharge For Breach

Part VI— Disposition of Law
Chapter 23: Disposition of Law—Judgments and Orders
Chapter 24: Disposition of Law—Government Demands

Part VII— Other Legal, Equitable Or Statutory Obligations
Chapter 25: Other Legal, Equitable and Statutory Rights and Obligations—Statutes
Chapter 26: Other Legal, Equitable and Statutory Rights and Obligations—Title
Chapter 27: Other Legal, Equitable and Statutory Rights and Obligations—Natural Obligations
Chapter 28: Other Legal, Equitable and Statutory Rights and Obligations—Family
Chapter 29: Other Legal, Equitable and Statutory Rights and Obligations—Compulsory Discharge of Another’s Obligation

Part VIII— Restitution
Chapter 30: Restitution—Introduction
Chapter 31: Restitution—Personal
Chapter 32: Restitution—Proprietary
Chapter 33: Restitution—Tracing
Chapter 34: Restitution—Rescission
Chapter 35: Restitution—Subrogation

Part IX— Defences
Chapter 36: Defences and Bars—Change of Position
Chapter 37: Defences and Bars—Estoppel
Chapter 38: Defences and Bars—Bona Fide Purchase
Chapter 39: Defences and Bars—Payment Over
Chapter 40: Defences and Bars—Passing On
Chapter 41: Defences—Incidental Benefits
Chapter 42: Defences and Bars—Officiousness
Chapter 43: Defences—Illegality

Table of Cases