In what circumstances will a defendant be required to repay in full to a plaintiff in a personal injury action?
Alberta, Canada
The following excerpt is from Great-West Life Assurance Company v. King, 2013 ABQB 529 (CanLII):
In Garland v. Consumers Gas Company, 2004 SCC 25 [2004] 1 S.C.R. 629, at 659 Iacobucci, J cited Lord Goff’s remarks in Lipkin Gorman v. Karpnale Ltd., [1992] 4 All ER 512 (HL) at 533 where he said: It is right that we should ask ourselves: why do we feel that it would be unjust to allow restitution in cases such as these? The answer must be that, where an innocent defendant’s position is so changed that he will suffer an injustice if called upon to repay or to repay in full, the injustice of requiring him so to repay outweighs the injustice of denying the plaintiff restitution.
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