Unjust enrichment law is important to lawyers in Vancouver, B.C. practicing creditor’s remedies and business disputes law. To succeed in an unjust enrichment claim, the plaintiff must prove three elements: (1) that the defendant was enriched; (2) that the plaintiff suffered a corresponding de …
Business Disputes: The Development of Canadian Unjust Enrichment Law
In his ground-breaking book Unjust Enrichment, the great English scholar Peter Birks introduces his subject by pointing to its mercurial development in the common law: “Of the subjects which form the indispensable foundation of private law, unjust enrichment is the only one to have evaded the great r …
Secured Transactions and Attachment
Introduction This article provides a brief introduction to secured transactions and attachment. Knowledge of secured transactions is integral to lawyers in Vancouver, B.C. practicing in the area of business disputes, and attachment is a concept central to secured transactions. …
Recognition in B.C. of Judgments from Non-Reciprocating Jurisdictions
This article describes when British Columbia courts will recognize and enforce a foreign (i.e. non-B.C.) judgment. The first step is to determine whether the foreign judgment is from a reciprocating jurisdiction. A judgment obtained in a reciprocating jurisdiction will be enforceable in B.C. …
Recognition in B.C. of Judgments from Reciprocating States
Judgments from reciprocating states may be recognized in B.C. under the Court Order Enforcement Act (“COEA”), the Canada – United Kingdom Convention for the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters (“Convention”) and the Supreme Court Rules (‘Rules of Court” …