• Publication Date: May 22, 2013
  • ISBN: Print (Paperback): 9781552213308
  • ISBN: Digital (PDF): 9781552213315
  • ISBN: Digital (EPUB): 9781552216026
  • 596 pages; 6" x 9"
Filed Under: Remedies

The Law of Equitable Remedies, 2/e


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Product Description

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.

Foreword to the First Edition
Preface to the Second Edition
Preface to the First Edition
Chapter 1: The Jurisdiction of Equity
Chapter 2: Interlocutory Injunctions: General Principles
Chapter 3: Interlocutory Injunctions: Specific Areas
Chapter 4: Asset Preservation Orders — Mareva Injunctions
Chapter 5: Search Orders — Anton Piller Injunctions
Chapter 6: Anti-Suit Injunctions
Chapter 7: Perpetual Injunctions: General Principles
Chapter 8: Injunctions to Protect Property
Chapter 9: Injunctions to Enforce Public Rights
Chapter 10: Specific Performance: General Principles
Chapter 11: Specific Performance: Discretionary Defences
Chapter 12: Specific Performance: Sale of Land
Chapter 13: Specific Performance: Chattels, Shares, and Payment of Money
Chapter 14: Specific Performance: Contracts of Personal Service
Chapter 15: Enforcement of Contracts by Injunctions
Chapter 16: Enforcement of Equitable Court Orders
Chapter 17: Equitable Damages
Chapter 18: Equitable Compensation
Chapter 19: Rectification
Table of Cases
About the Author

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