Are there restitution issues for a defendant who has received interest at a criminal rate?
British Columbia, Canada
The following excerpt is from Parsons v. Coast Capital Savings Credit Union, 2006 BCSC 552 (CanLII):
If it is found that the defendant has received interest at a criminal rate, then the restitution issues arise. Have the defendant and its predecessors been unjustly enriched by the retention of those payments of interest? This too is a common issue that can be determined for the Class as a whole. The plaintiff relies on Garland v. Consumers’ Gas Co.
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