Of course, we don’t have the precise statement of claim yet, but the letter references one in “unjust enrichment.” Surely, the juristic reason is a contract of sale. How, then, could it go forward on that basis?

Aren’t they limited to an uphill battle on the question of unilateral mistake? The council hired an independent surveyor before completing the sale. So, both the buyer and seller (through its agent) were aware of the nature of the premises.

I get the argument that they had no authority to make a sale at lower than market value, but surely the surveyor’s report would have established or supported the value for which the transfer was made.

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Matthew P Harrington
Professeur
Faculté de droit
Université de Montréal
www.commonlaw.umontreal.ca
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