On August 27 of this year, the Supreme Court of Canada granted leaved to appeal in Kerr v. Baranow, 2009 BCCA 111, a family law case concerning the application of the equitable doctrine of resulting trust. In this case, the parties commenced their common-law relationship in 1981, when Ms. Kerr was in a financial crisis due [...]

Imagine the following scenario: Bob owns a house in a town in Quebec. In 2020, Quebec passes legislation to the effect that no municipality may increase property taxes by more than 10% each year. In 2022, citing the need for higher revenues to account for an increase in police services due to rising crime, the [...]

Next month, the SCC will hear submissions in B.M.P. Global Distribution Inc. v. Bank of Nova Scotia. This case involves a mysterious counterfeit cheque in an amount of over $900,000 which was couriered to BMP by some unknown party. BMP, believing that the cheque was payment in relation to a licensing agreement it had reached [...]

On July 13, 2007, the Supreme Court of Japan held in two cases that consumer-loan companies return not only excessive payments of unlawful interest to borrowers but also to pay the statutory interest that accrued from the excessive payments, because the consumer-loan companies were found to be bad faith beneficiaries of unjust enrichment. Japanese courts [...]