Restitution 2014


Course Date: June 6, 2014

Total: 4h 55min
Course Agenda ▼

Welcome and Introduction

Geoffrey B. Gomery, QC — Nathanson, Schachter & Thompson LLP, Vancouver
Peter R. Senkpiel — Nathanson, Schachter & Thompson LLP, Vancouver 

The State of the Restitution Nation

  • developments in the law since 2009
  • current state of the jurisprudence
  • areas and issues to watch

Professor Lionel D. Smith — Faculty of Law, McGill University AND Director, Quebec Research Centre of Private and Comparative Law, Montreal

Pleading Unjust Enrichment After Garland

  • legal uncertainty makes pleading a claim for unjust enrichment harder than it should be
  • what are the elements of the cause of action?
  • what are the defences?
  • what must be pled?

Geoffrey B. Gomery, QC — Nathanson, Schachter & Thompson LLP, Vancouver

Networking Break

Restitution for Wrongful Conduct: What Have We Learned?

  • what are the lessons for plaintiffs and defendants from recent decisions in hotly contested litigation, including
    • the SCC’s “Class Action Trilogy” and
    • the BC Court of Appeal’s decision in Wakelam v Wyeth Consumer Healthcare
  • hear from counsel who pleaded these cases

J. Kenneth McEwan, QC — Hunter Litigation Chambers, Vancouver
Reidar M. Mogerman — Camp Fiorante Matthews Mogerman, Vancouver

Lunch (on your own)

The Intersection of Restitution and Contract

  • when is a failure or refusal to contract a reason to say that enrichment is justified?
  • differences between restitutionary quantum meruit and contractual quantum meruit

The Honourable Mr. Justice David C. Harris — Court of Appeal for BC, Vancouver
Eileen M. Patel — Hunter Litigation Chambers, Vancouver

Defences to Claims in Restitution

  • what is the scope of the defence of change of position to claims in unjust enrichment?
  • what are other common restitutionary defences?

Peter R. Senkpiel — Nathanson, Schachter & Thompson LLP, Vancouver

Networking Break

Constructive Trust and Other Restitutionary Remedies

  • what is the state of the constructive trust in Canada?
  • what are other proprietary and lesser known restitutionary remedies?

Andrew I. Nathanson — Fasken Martineau DuMoulin LLP, Vancouver
Dennis J. Pavlich — Faculty of Law at Allard Hall, University of BC, Vancouver

Concluding Remarks

Geoffrey B. Gomery, QC — Nathanson, Schachter & Thompson LLP, Vancouver
Peter R. Senkpiel — Nathanson, Schachter & Thompson LLP, Vancouver