Change of Position and Estoppel as Defences to an 'Action for Money Paid by Mistake

Karl J Dore

Change of Position and Estoppel as Defences to an 'Action for Money Paid by Mistake

Karl J Dore

Dalhousie Law Journal

University of New Brunswick

Research output: Contribution to journal › Article

Abstract

The recent decision in RBC Dominion Securities Inc.v. Dawson' raises some interesting questions regarding the defences available to a claim in restitution for the recovery of money paid by mistake. At issue were the, defences of change of position and estoppel. Both defences are recognized in Canadian law, but questions remain regarding their limits and their relationship.

Original language	Canadian English
Journal	Dalhousie Law Journal
Issue number	2.0
Publication status	Published - Oct. 1 1992

Keywords

estoppel
defense
money
mistake
courts
change of position

Disciplines

Civil Procedure
Courts

Access to Document

26 15DalhousieLJ61528199229Final published version, 833 KBLicence: Unspecified

Cite this

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title = "Change of Position and Estoppel as Defences to an 'Action for Money Paid by Mistake",

abstract = "The recent decision in RBC Dominion Securities Inc.v. Dawson' raises some interesting questions regarding the defences available to a claim in restitution for the recovery of money paid by mistake. At issue were the, defences of change of position and estoppel. Both defences are recognized in Canadian law, but questions remain regarding their limits and their relationship.",

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N2 - The recent decision in RBC Dominion Securities Inc.v. Dawson' raises some interesting questions regarding the defences available to a claim in restitution for the recovery of money paid by mistake. At issue were the, defences of change of position and estoppel. Both defences are recognized in Canadian law, but questions remain regarding their limits and their relationship.

AB - The recent decision in RBC Dominion Securities Inc.v. Dawson' raises some interesting questions regarding the defences available to a claim in restitution for the recovery of money paid by mistake. At issue were the, defences of change of position and estoppel. Both defences are recognized in Canadian law, but questions remain regarding their limits and their relationship.

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KW - defense

KW - money

KW - mistake

KW - courts

KW - change of position

UR - https://digitalcommons.schulichlaw.dal.ca/dlj/vol15/iss2/9

UR - https://digitalcommons.schulichlaw.dal.ca/cgi/viewcontent.cgi?article=1664&context=dlj

M3 - Article

JO - Dalhousie Law Journal

JF - Dalhousie Law Journal

IS - 2.0

ER -

Change of Position and Estoppel as Defences to an 'Action for Money Paid by Mistake

Abstract

Keywords

Disciplines

Access to Document

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