Compensation and the Scope of Equity's Remedial and Restitutionary Generosity

Authors

  • Paul M. Perell

DOI:

https://doi.org/10.29173/alr1476

Abstract

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 it had two distinct phases that yielded two trial level judgments, two judgments of the British Columbia Court of Appeal, and an important judgment form the Supreme Court of Canada. The Canson case was extraordinary because there were significant changes from phase one to phase two in the factual foundation of the case, and these changes provided a novel opportunity to study the nature of equitable remedies and to develop instructive comparisons and contrasts. This article uses the Canson case as a vehicle to explore equitable compensation and the scope of equity’s remedial and restitutionary generosity.

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Published

1999-04-01

Issue

Vol 37, No 1: Special Issue: Symposium on Restitution

Section

Articles

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