Restitution Discussion Group Archives
| Sender: |
Lionel Smith |
| Date: |
Mon, 29 Apr 2002 09:41:26 -0400 |
| Re: |
Restitution damages for breach of contract |
The SCC released a decision on Thursday last which considered
measures of damages in breach of contract. If I read it correctly it admits
in dicta, contrary to previous SCC dicta, the possibility gain-based damages
for breach of contract, under the label "restitution damages", although
I find the relevant passage (paras 30-33, 59-61) kind of confusing. One
might think that the judge did not distinguish restitution from disgorgement
(if one were minded to use that kind of terminology). One might even argue
that this is a case which shows the confusion which can arise when one
uses "restitution" to refer both to giving back and to giving up.
The case at this level is about simple vs compound interest.
Bank of America Canada v. Mutual Trust Co., available
on line at
http://www.lexum.umontreal.ca/csc-scc/en/rec/html/clarica.en.html
Lionel
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