RESTITUTION IN CANADA SINCE THE DEGLMAN CASE

Abstract

In this article the author examines the Canadian position on the recognition of a general principle of restitution capable of supporting an action. Through a discussion of several cases, the author first examines the history leading up to the recognition of a general principle of restitution. Next, the author discusses Mr. Justice Rand’s application of the principle in the case of Deglman v. Guaranty Trust Company of Canada, and examines what Canadian courts have done since that application. In doing so, the author illustrates the numerous applications and limitations of the restitution principle that have since occurred, and concludes by suggesting several sources for aiding in resolving new situations where it appears that one person may have been enriched at the expense of another.