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The Law of Equitable Remedies

Resource type
Author/contributor
Title
The Law of Equitable Remedies
Abstract
Shortlisted for the 2003 Walter Owen Book Prize (first edition)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.
Edition
2nd ed. edition
Place
Toronto
Publisher
Irwin Law
Date
2013-05-22
# of Pages
596
Language
English
ISBN
978-1-55221-330-8
Library Catalog
Amazon
Citation
Berryman, J. (2013). The Law of Equitable Remedies (2nd ed. edition). Irwin Law. https://irwinlaw.com/product/the-law-of-equitable-remedies-2-e/
Author / Editor