Alberta Law Review  

Robert Chambers, Mitchell McInnes

-

Mitchell McInnes

In this article, the author explores the principle of unjust enrichment as formulated by courts of common law jurisdictions in Canada. He analyzes and assesses that principle in light of comparable principles applied in England, Australia and Quebec. He a... see more

Paul M. Perell

Canson Enterprises Ltd. v. Boughton is a case about equity’s restitutionary remedies, including compensation for breach of fiduciary duty and compensation under the doctrines of knowing assistance and knowing receipt. It was an unusual civil case because ... see more

Leonard I. Rotman

With the Supreme Court of Canada's judgment in Soulos v. Korkontzilas, the constructive trust has again become the subject of contention in Canadian law. Over the years, jurists and scholars have generated significant debate over the nature and function o... see more

Robert Chambers

In this article, the author discusses the role of constructive trusts in Canada, examining the connection between unjust enrichment and the constructive trust. In particular, the author focuses on the Supreme Court of Canada decision in Soulas v. Korkontz... see more

David Stevens, Jason W. Neyers

The law of restitution has developed out of the law of quasi-contract and the law of constructive trust. Inadequate attention to the logic and coherence of doctrines in the law of restitution, however, renders this new law as opaque and confused as its pr... see more

G. H. L. Fridman

This article analyzes the theoretical and practical differences between contractual and restitutionary quantum meruit Instances of quasi-contractual meruit are also considered. The author explores the evolution and historical foundations for these vario... see more

Nicholas Rafferty

The author examines the autonomous claim in unjust enrichment available to a party who has elected to treat a contract as discharged because of the defendant's fundamental breach. In this context, he concentrates upon the claim in respect of services rend... see more

Michael Bryan

This article analyzes the Supreme Court of Canada’s treatment of the receipt-based constructive trust in the companion cases of Gold v. Rosenberg and Citadel General Assurance Co. v. Lloyds Bank Canada. The author discusses the liability of those who part... see more

Jeff Berryman

The Supreme Court of Canada has purported to distinguish the approach to quantifying equitable compensation from that applied to the quantification of damages in common law for breach of contract or tort. In particular, the rules associated with causation... see more