Online Practice Manuals

Garland v. Consumers’ Gas Co.

• 2004 SCC 25
  • Go to CanLII for full text

The above case is referenced within:

1. British Columbia Business Disputes (Current to: August 01 2016)
   • Chapter 3. Unjust Enrichment
     • I. Differing Views of Unjust Enrichment [§3.1]
     • II. Characteristics of “Autonomous” Unjust Enrichment [§3.2]
       • B. Liability Independent of Contract, Tort, or the Assertion of Property Rights [§3.4]
       • E. Subject to a Defence of Change of Position [§3.7]
     • III. The Three Elements [§3.10]
       • C. Absence of Juristic Reason [§3.20]
         • 4. Donative Intent [§3.23A]
         • 6. Confusion of Absence of Juristic Reason with Defences [§3.25]
         • 7. Unresolved Issues [§3.26]
     • IV. Unjust Enrichment in a Contractual Context [§3.27]
       • A. The Fundamental Rule: Contractual Allocations of Benefits and Burdens Should Not Be Disturbed [§3.28]
       • B. Illegal Contract [§3.29]
       • D. Contract Vitiated by Mistake [§3.31]
       • F. Anticipated Contract [§3.33]
     • V. Defences [§3.34]
       • A. Change of Position [§3.35]
       • E. Illegality [§3.39]
   • Chapter 14. Damages and Other Remedies
     • X. Equitable Remedies [§14.54]
       • B. Constructive Trusts [§14.59]
         • 2. In What Circumstances Can or Should a Constructive Trust Be Declared or Imposed? [§14.61]
           • c. Insolvency Cases [§14.64]
           • d. Other Types of Cases [§14.65]
2. Estate Disputes in British Columbia: A Litigator’s Guide (Current to: January 15 2024)
   • Chapter 15. Resulting Trusts, Unjust Enrichment, Constructive Trusts, and Secret Trusts
     • III. Unjust Enrichment [§15.21]
       • B. Elements of the Cause of Action for Unjust Enrichment [§15.23]
         • 2. Elements of Unjust Enrichment: Absence of Juristic Reason [§15.25]
         • 3. Established Categories of Juristic Reasons [§15.26]
3. Family Law Sourcebook for British Columbia (Current to: October 15 2023)
   • Chapter 4. Property under the Family Law Act
     • XIV. Rights under Equity and Other Law [§4.49]
       • C. Types of Unjust Enrichment Claims [§4.52]
         • 3. Constructive Trusts [§4.56]
           • d. Absence of Any Juristic Reason for the Enrichment [§4.60]
           • e. Reciprocal Benefits [§4.61]