Dear David

I agree with much of what you say here. I don't think that in this
jurisdiction one would get "punishment damages" in a claim for
restitution. Without wishing to stray from Jason's question too far,
this does seem a clear case for an injunction.

Kind regards

Ger

On 11/2/19, davidrwingfield@gmail.com <davidrwingfield@gmail.com> wrote:
> I agree. Restitution won’t get the plaintiff $10k. Would all those other
> claims be pleaded? Maybe. I wouldn’t do so, however. I would want the
> simplest route to the best outcome. In my experience, the more causes of
> action that are pleaded the weaker the case becomes. The central idea gets
> denuded by analysing it in too many different ways. So the attempt to get
> $10k will undermine the claim for the return of $1,500 plus punishment
> damages. Part of pitching cases is knowing what to give up. If the fact
> pattern were less egregious and less amendable to a restitutionary remedy
> then I accept your point about seeking contract damages and figuring out how
> to avoid the remoteness issue.
>
>
> Kind regards,
> D
> Sent from my iPhone
>
>> On Nov 2, 2019, at 1:38 PM, Gerard Sadlier <gerard.sadlier@gmail.com>
>> wrote:
>>
>> 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
>