Restitution Discussion Group Archives
| Sender: |
Lionel Smith |
| Date: |
Fri, 10 May 1996 09:27:59 -0700 |
| Re: |
Couple of cases |
Greetings all,
I have two short points relating to recent discussions.
On Eoin O'Dell's very thoughtful note and Robert Chambers' reply, I might
mention that Re Dreger Estate (1994) 97 Man R (2d) 39; [1994]
10 WWR 293; [1995] RLR #98 (CA) is an interesting case.
On Warman
v. Dwyer, Simon Evans wrote:
So what is the basis of these [charging] orders?
Is anyone aware of any other cases where an account was ordered to be
secured in this way? In The Wa-Yas (1992) 55 FTR 1; [1993] RLR #53
(Fed Ct. Trial Div); aff'd 159 NR 238; [1995] RLR #76 (CA), the plaintiff
did work on the defendant's vessel. He was awarded a quantum meruit, and
the trial judge added a constructive trust for no other reason than to
secure the claim, opining that the defendant might render himself unable
to satisfy the judgment. The CA affirmed. Even in Canada, where constructive
trusts are rather easier to get than elsewhere, I was a little surprised
at this. Moreover, it should really have been a lien/charge, not a trust.
Lionel Smith
Faculty of Law, University of Alberta
Edmonton, Alberta, Canada T6G 2H5
Tel 403 492 2599; Fax 403 492 4924
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