restitution damages

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210 documents for restitution damages

- Is the Law of Contract Seriously Defective If the Court Is Unable to Award Restitutionary Damages for Breach of Contract?/Est-Ce Que Le Droit Des Contrats Est Défectueux Si Le Tribunal Est Dans L'impossibilité D'accorder La Restitution Des Dommages Et Intérêts Pour La Rupture de Contrat?
It is commonly believed that the general rule is that damages for breach of contract are compensatory not restitutionary.2 So, the damages are measured by the loss to the plaintiff not by the gain to the defendant.3 However, there are many academic writings which have advocated that restitutionary damages should be available as general default rule in breach of contract, because it is able to provide adequate remedy to plaintiff when compensatory damages are inadequate. The A-G vs. Blake4 is the remarkable case which embodied by Hendrix5 case, posits the general restitutionary remedy. Blake has challenged the traditional approach of damages and signaled a trend of establishing restitutionary damages. The proponents of this point always purport 'the interests of justice' for plaintiff,6 ...
- Canadian Social Science
- Vol. 5 Nbr. 4, July 2009
- When gains trump losses: an analysis of restitutionary relief for the tort of conversion.
... principle of tort law, which holds that damages return the plaintiff to her original position, but...
- University of Toronto Faculty of Law Review
- Vol. 68 Nbr. 1, January 2010
- Clarity and confusion in employment law remedies: a comment on Honda Canada Inc. v. Keays.
... actionable wrong for which punitive damages could be awarded in a wrongful dismissal action. T... compensatory damages or non-monetary restitution "for injury to dignity, feelings, and self-respect...
- University of Toronto Faculty of Law Review
- Vol. 67 Nbr. 1, January 2009

- Kingstreet Investments Ltd. v. New Brunswick (Finance), [2007] 1 S.C.R. 3, 2007 SCC 1, 2007 SCC 1 (2007)
...Constitutional law - Remedy - Restitution - Ultra vires taxes - Taxpayers seeking reimbursem... plaintiffs relief for quasi-contractual damages (Maddaugh and McCamus, at p. 1-4; Goff and Jones, ...
- Supreme Court of Canada
- Minimizing the Risks of Personal Liability in Pension Plan Governance by Meeting Fiduciary Duties
... actions could lead a court to order restitution, damages or other equitable remedies. While breach...
- Mondaq Business Briefing
- Canada Law Articles in English
- Manuge v. Canada , 2010 SCC 67, Manuge v. Canada, 2010 SCC 67, 2010 SCC 67 (2010)
... remedies, declaratory relief and damages arising from establishment, modification and appli... remedies, damages, declarations and restitution in relation to these deductions. His complaint is ...
- Supreme Court of Canada
- Li c. Canada (Citizenship and Immigration), 2010 FC 803 (2010)
... action, certification of a class, and restitution or damages for members of the class who have been ...
- Cour Fédérale
- Whiten v. Pilot Insurance Co., [2002] 1 S.C.R. 595, 2002 SCC 18, 2002 SCC 18 (2002)
... holder entitled to award of punitive damages __ Whether jury charge adequate - Whether jury awa... Paper on Aggravated, Exemplary and Restitutionary Damages. Dublin: The Commission, 1998. Linden, All...
- Supreme Court of Canada
- Arsenault v. Canada, 2008 FC 299 (2008)
... the heart of the plaintiffs’ claim for damages be declared invalid or unlawful. Until that form o... entered into with the Crown; and, restitution of the value of snow crab quota wrongfully taken f...
- Federal Court
- Bank of America Canada v. Mutual Trust Co., [2002] 2 S.C.R. 601, 2002 SCC 43, 2002 SCC 43 (2002)
...Contracts - Breach of contract - Damages - Pre-judgment and post-judgment interest - Availa... had the contract been performed, and restitution damages, focussing on the advantage gained by the ...
- Supreme Court of Canada