This new edition traces the development in the Canadian law of equitable remedies, greatly influenced by decisions of the Supreme Court of Canada which, since the first edition, has ruled on the availability of Anton Piller orders, specific performance, equitable compensation, and rectification. Beyond these substantive equitable remedies the Supreme Court has also opined on a number of occasions about the nature of modern equity in Canada; in effect, breathing life into equity’s distinctive methodology.
New areas covered in this edition include the maxims of equity; the appropriate default test for interlocutory injunctions including new discussion on when it is appropriate to allow a view of the merits of the substantive dispute to determine the interlocutory proceedings; the general principles of specific performance, including a critique of the current law on enforcement of keep-open clauses; the contemporary impact of the Supreme Court of Canada’s rulings on the availability of specific performance, particularly for those who invest in land; a discussion of equitable damages and equitable compensation which includes new commentary on when damages are assessed that go beyond compensation and toward disgorgement; and new material on rectification, including a section on rectification and taxation cases.
Jeffrey Berryman, LL.B., M.Jur., LL.M., is Professor of Law at the Faculty of Law, University of Windsor, where he teaches remedies, restitution, and contract law. He also holds a chair in law at the Faculty of Law, University of Auckland (fractional appointment), where he teaches in the graduate program. A member of both the Law Society of Upper Canada and a barrister and solicitor of the High Court of New Zealand, he is the coordinating editor and a contributor to the only Canadian casebook on remedies, Remedies: Cases and Materials (Emond Montgomery, 2012), now in its sixth edition, and has written extensively on remedies both in Canada and internationally.
This project is funded in part by the Government of Canada. Ce projet est financé en partie par le gouvernement du Canada.
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