Is a restitutionary claim a benefit based claim?
British Columbia, Canada
The following excerpt is from Owners, Strata Plan LMS 3851 v. Homer Street Development Limited Partnership, 2011 BCSC 569 (CanLII):
Further in Pro-Sys v. Infineon, Smith J.A. agreed, saying that restitutionary claims are “benefit-based claims, as distinguished from loss-based claims such as claims in tort and contract, where the object is to compensate the innocent party for a loss.”
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