Dear David

I quite agree with you that a restitutionary remedy would be available
for recovery of the C$1,500. I do not think though that a
restitutionary claim for the $10,000 could ever succeed. I do think
that there are cases in which that claim would succeed if brought in
contract, if  remoteness was not an issue (because say the claimant's
solicitors had written expressly notifying the party in breach of the
loss that would be suffered and calling on them to honour their
contract and the party in breach had declined). I therefore
respectfully disagree with your view that the Courts would never make
an award of the $10,000, though the facts would need to be strong and
I accept remoteness is an issue that would have to be addressed.
I completely agree with you that the Courts are practical and that the
judge will see this as a case of extortion.  In a proper case the
Court may well be anxious to award the $10,000, if it can find a
legally sound means of doing so.

I have to say that in this jurisdiction, at least, I think this case
would be pleaded to include alternative claims, in tort, contract and
restitution and that it would probably be run as a breach of contract
claim, to maximize pressure on the other side, since they will not be
advised that the Court is simply not going to award the $10,000 as
damages. Matters may of course be different in Canada or indeed in its
different provinces, I suppose.

Kind regards

Ger