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Legal Blog:
Aug
01
2005
Enriched
There is nothing wrong with enrichment, as long as it is not unjust. Sounds good, but how does one determine what is unjust? Are there any rules or is it palm tree justice? In Pacific National Investments Ltd. v. Victoria (City) (2004), 42 C.L.R. (3d) 76, the Supreme Court of Canada not only says that there are rules, but also outlines them in a reasonably succinct fashion. What is the world coming to?
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01
2005
Illness
There are times at which a prospective borrower presents himself as quite normal, but, in reality, is quite ill. We have had to deal with this situation. In our case, the borrower was a bi-polar male in his 60s who had a penchant for using his line of credit to bestow gifts on an exotic dancer. What was worse, the public guardian and trustee had been appointed as the guardian for property of the borrower, had notified one branch of the financial institution of the appointment, but had not notified head office so that other branches had no knowledge of the appointment. We settled the matter at a discount.
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