Kim v. Choi, 2020 BCCA 98

JurisdictionBritish Columbia
JudgeThe Honourable Chief Justice Bauman,The Honourable Mr. Justice Hunter,The Honourable Mr. Justice Butler
Citation2020 BCCA 98
Docket NumberCA45984
CourtCourt of Appeal (British Columbia)
Date24 March 2020
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16 practice notes
  • Table of Cases
    • Canada
    • Irwin Books The Law of Property
    • 5 August 2021
    ...Kerri (Guardian of) v Decker, 2002 NFCA 11 ................................................... 110 Kim v Choi, 2020 BCCA 98 .................................................................................. 25 Kirk v Ford, [1920] 3 WWR 91, 53 DLR 644 (Sask CA).....................135, 137, ......
  • Ownership and Possession
    • Canada
    • Irwin Books The Law of Property
    • 5 August 2021
    ...31 . 43 (1992) 77 CCC (3d) 365 (BCCA). 44 Ibid at para 24. 45 See Hall v Hebert , [1993] 2 SCR 159, 101 DLR (4th) 129. 46 See Kim v Choi , 2020 BCCA 98. THE L AW OF PROPERTY 26 In Thomas v Canada (Attorney General), 47 an envelope containing $18,000 had been delivered by mistake to Mr Thoma......
  • Wang v. Jiang,
    • Canada
    • Court of Appeal (British Columbia)
    • 1 April 2021
    ...meruit where recovery on that basis would not be contrary to the public interest. [At paras. 27–8; emphasis added.] [59] In Kim v. Choi 2020 BCCA 98, Hunter J.A. for the Court observed that the modern approach to the ex turpi causa defence has “evolved” to the point ... there is no general ......
  • Boughton v. Widner Estate, 2021 BCSC 325
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 26 February 2021
    ...the money was derived from the sale of illicit drugs, illegality is not necessarily a bar to recovery via unjust enrichment: Kim v. Choi, 2020 BCCA 98. The Deceased’s estate in turn was deprived of those funds because the property was registered in Ms. Widner’s name alone......
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14 cases
  • Wang v. Jiang,
    • Canada
    • Court of Appeal (British Columbia)
    • 1 April 2021
    ...meruit where recovery on that basis would not be contrary to the public interest. [At paras. 27–8; emphasis added.] [59] In Kim v. Choi 2020 BCCA 98, Hunter J.A. for the Court observed that the modern approach to the ex turpi causa defence has “evolved” to the point ... there is no general ......
  • Boughton v. Widner Estate, 2021 BCSC 325
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 26 February 2021
    ...the money was derived from the sale of illicit drugs, illegality is not necessarily a bar to recovery via unjust enrichment: Kim v. Choi, 2020 BCCA 98. The Deceased’s estate in turn was deprived of those funds because the property was registered in Ms. Widner’s name alone......
  • Youyi Group Holdings (Canada) Ltd. v. Brentwood Lanes Canada Ltd.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 3 November 2021
    ...of Contracts (6th ed., 2010) at 573–580. [113]     The plaintiffs also refer to the decision in Kim v. Choi, 2020 BCCA 98, which they contend is analogous to the circumstances in this case. Kim involved a party seeking the return of monies paid towards the purchas......
  • Sherry v. CIBC Mortgage Inc., 2020 BCCA 139
    • Canada
    • Court of Appeal (British Columbia)
    • 21 May 2020
    ...and retained without contractual justification in order to restore the status quo ante based on unjust enrichment: see Kim v. Choi, 2020 BCCA 98 at paras. 33–50 for a helpful discussion of the illegality doctrine, unjust enrichment claims and tainted contracts. In other words, unlike the pl......
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2 books & journal articles
  • Table of Cases
    • Canada
    • Irwin Books The Law of Property
    • 5 August 2021
    ...Kerri (Guardian of) v Decker, 2002 NFCA 11 ................................................... 110 Kim v Choi, 2020 BCCA 98 .................................................................................. 25 Kirk v Ford, [1920] 3 WWR 91, 53 DLR 644 (Sask CA).....................135, 137, ......
  • Ownership and Possession
    • Canada
    • Irwin Books The Law of Property
    • 5 August 2021
    ...31 . 43 (1992) 77 CCC (3d) 365 (BCCA). 44 Ibid at para 24. 45 See Hall v Hebert , [1993] 2 SCR 159, 101 DLR (4th) 129. 46 See Kim v Choi , 2020 BCCA 98. THE L AW OF PROPERTY 26 In Thomas v Canada (Attorney General), 47 an envelope containing $18,000 had been delivered by mistake to Mr Thoma......

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