Although it is often referred to as "the third branch of private law", alongside contract and tort, the law of unjust enrichment and restitution is not well understood. That is true for a variety of reasons. The subject is seldom taught in law school.
Many of the traditional cases speak in a language that is incomprehensible to modern ears. Most significantly, until now, there has not been a text that is structured in accordance with the modern Canadian principle of unjust enrichment.
This treatise, written by Canada's leading authority on the law of unjust enrichment, explains this complex area in a straight forward manner. It provides a conceptual overview that cuts through the inconsistencies and uncertainties that have impaired the proper development of the law.
It also offers step-by-step guidance to the resolution of restitutionary claims in specific contexts. For the first time, judges, practitioners, and academics have access to a text that clearly explains the Canadian law of unjust enrichment as reformulated in the landmark decision in Garland v. Consumers' Gas Co. (2004).
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