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Restitution (Unjust Enrichment) CASES
General
Restitution - General
Restitution - 'The Test'
Enrichment/Deprivation
Restitution - Enrichment/Deprivation
Juristic Reason
Restitution - Juristic Reason - General
Restitution - Juristic Reason - Established Category (Stage 1)
Restitution - Juristic Reason - Policy Reasons and Reasonable Expectations (Stage 2)
Specific Situations
Restitution (Specific) - Contract
Restitution (Specific) - Insurance
Restitution (Specific) - Misappropriation
Restitution (Specific) - Bankruptcy
Restitution (Specific) - Against Government
EDIT NOTES
. this is an ill-defined area of law, changing a lot over the past 20 years, so you may want to eventually do it all from scratch again - particularly the sub-topic structuring
. Clarke v. Johnson (Ont CA, 2014) [*** this is a rich case, needs to be split a lot]
. Apotex Inc. v. Eli Lily and Company (Ont CA, 2
. the two-part analysis of the absence of juristic reason provided for in Garland v. Consumers’ Gas, 2004 SCC 25 (CanLII), [2004] 1 S.C.R. 629.
. Peel (Regional Municipality) v. Canada; Peel (Regional Municipality) v. Ontario, 1992 CanLII 21 (SCC)
. can I find a clear statement that restitution is equitable? need a clear statement, upfront in /restitution topic
[04 Feb 2023]
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