Federation of Law Societies of Canada
National Committee on Accreditation
Syllabus
Remedies
(Revised October 2014)
Candidates are advised that the syllabus may be updated from
time-to-time without prior notice.
Candidates are responsible for obtaining the
most current syllabus available.
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K1P 1A4
Federation of Law Societies of Canada
National Committee on Accreditation
Remedies
Syllabus
This course has two primary objectives. First, it introduces candidates to the principles governing
the availability of money remedies at common law. Secondly, it covers the various equitable
remedies including their scope and the discretionary considerations that influence Canadian
courts in assessing their availability in particular cases.
As well as knowledge of the principles and rules of the Canadian law of Remedies, in answering
the problem-based questions on the examination, candidates will be expected to display an
aptitude for the application of that knowledge in the context of specific fact situations. That will
involve an ability to analyse and distill relatively complex facts, to relate the law as identified to the
salient facts, and to reason towards a conclusion in the form of advice to a client or the likely
judgment of a court confronted by such a problem.
Casebook
The Casebook for the course is Berryman et al., Remedies: Cases and Materials (Toronto:
Emond Montgomery Publications Ltd., 6th ed., 2011), Chapters 1, 2, 3, 6, 7, 8 (except pages
800-805), 9, 10, and 11.
This Casebook is the primary source for the course. It provides the critical readings for the course
(along with the supplementary cases listed below). Knowledge of these materials is essential to
passing the three-hour, open-book, problem-based examination. Students take a huge risk if they
rely simply upon knowledge of the law of Remedies acquired elsewhere, such as in a course
taken in another country or instruction provided by way of preparation for NCA exams, whether in
a university or commercial setting. Students should also familiarize themselves with the model
examination for Remedies accessible on the NCA website and pay particular regard to the
examination instructions.
Additional Reading
Take account also of the following more recent cases (with relevant page of Casebook listed):
Remoteness
Mustapha v. Culligan of Canada Ltd., [2008] 2 S.C.R. 114; 2008 SCC 27 - page 14.
RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc., [2008] 3 S.C.R. 79; 2008 SCC 54
(at paras. 8-13 particularly) - page 14.
Mitigation
Evans v. Teamsters Local Union No. 31, [2008] 1 S.C.R. 661; 2008 SCC 20 - page 39.
(Also, consider this and the next two judgments when reviewing Specific Performance of
Personal Service Contracts - pages 972ff.)
Bowes v. Goss Power Products Ltd. (2012), 293 O.A.C. 1; 2012 ONCA 425 – page 39.
Farwell v. Citair Inc., (c.o.b. General Coach Canada), 2014 ONCA 177 – page 39.
Wallace v. Allen (2009), 93 O.R. (3d) 723; 2009 ONCA 36 - page 39.
IBM Canada Limited v. Waterman, [2103] 3 S.C.R. 985; 2013 SCC 70 – page 92.
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Federation of Law Societies of Canada
National Committee on Accreditation
Time for Assessment of Damages where Repudiation of Contract
Golden Strait Corp. v. Nippon Yusen Kubishka Kaisha, [2007] A.C. 353; [2007] UKHL 12 - page
55.
Cost of Completion or Difference in Value Damages
514953 B.C. Ltd. (C.o.b. Gold Key Corporation) v. Leung (2007), 64 B.C.L.R. (4th) 76; 2007
BCCA 114 - page 166.
Punitive Damages
Pate (Estate) v. Galway-Cavendish and Harvey (Township) (2013), 117 O.R. (3d) 481; 2013
ONCA 669 – page 198.
Pre-judgment Interest
Capital Pontiac Buick Capital GMC Ltd. v. Coppola (2013), 417 Sask. R. 213; 2013 SKCA 80, at
paras. 34-45.
Awards Measured by Benefit to Defendant
GasTOPS Ltd. v. Forsyth (2012), 288 O.A.C. 201; 2012 ONCA 134 – page 264.
Non-Pecuniary Loss in Contract
Canada (Attorney General) v. Tipple (2012), 431 N.R. 257; 2012 FCA 158 – page 338.
Capital Pontiac Buick Capital GMC Ltd. v. Coppola, supra, at paras. 25-33 – page 338.
Nuisance
Antrim Truck Centre Ltd. v. Ontario (Transportation), [2013] 1 S.C.R. 594; 2013 SCC 13 – page
671 (for elaboration of the role that the public interest plays in determining whether there is in
law a nuisance).
Criminal Equity – Injunctions to Protect Public Rights
Reece v. Edmonton (City), (2011), 335 D.L.R. (4th) 600; 2011 ABCA 238 – page 687.
Interlocutory Injunctions – Undertakings
Potash Corp. of Saskatchewan Inc. v. Barton (2013), 427 Sask. R. 206; 2013 SKCA 141 – page
826.
The Mareva Injunction
Sibley & Associates LP v. Ross (2011), 106 O.R. (3d) 494; 2011 ONSC 2951 – page 857.
Laiken v. Carey (2013), 116 O.R. (3d) 641; 2013 ONCA 530, leave to appeal to SCC granted:
[2013] S.C.C.A. 431 (contempt proceedings) – page 862.
Anton Piller Injunctions
Add to note 1 on page 892: For a Quebec Court of Appeal judgment to the effect that there is no
automatic right of access on the part of the applicant or counsel for the applicant to the fruits of an
Anton Piller order under the control of an independent supervising solicitor, see IMS Health
Canada Inc. v. Think Business Insights Ltd., [2013] R.J.Q. 1245; 2013 QCCA 1303.
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Federation of Law Societies of Canada
National Committee on Accreditation
Specific Performance of Personal Services Contracts
Add to note 1 on page 984: Also, for a case in which the Supreme Court differentiated for
enforcement purposes non-compete clauses in contracts of personal service and non-compete
clauses as part of the sale of a business, see Payette v. Guay inc., [2013] 3 S.C.R. 95; 2013 SCC
45.
Add note at page 998: For an unusual example of an order of specific performance compelling an
employee to work out the period of notice required of him for the termination of an employment
contract, see Blackberry Ltd. v. Marineau-Mes, 2014 ONSC 1790.
Specific Performance of Land Contracts
Southcott Estates Inc. v. Toronto Catholic District School Board, [2012] 2 S.C.R. 675; 2012
SCC 51 – page 1030.
Mountain v. Mountain Estate (2012), 112 O.R. (3d) 721; 2012 ONCA 806 – page 1030.
Compensation
GasTOPS Ltd., supra – page 1080.
Lâches
Boyce v. Toronto (City) Police Services Board, 2012 ONCA 230 – page 1147.
Van Allen v. Vos (2014), 121 O.R. (3d) 72; 2014 ONCA 552, at paras. 34-35 – page 1147.
McConnell v. Huxtable (2014), 118 O.R. (3d) 561; 2014 ONCA 86 – page 1147.
Remedy Stipulation
Bowes v. Goss Power Products Ltd., supra – page 1188.
Tang v. Zhang (2013), 41 B.C.L.R. (5th) 69; 2013 BCCA 52 (categorization of deposits in real
estate transactions) – page 1188.
Supplementary Readings
Jeffrey Berryman, The Law of Equitable Remedies (Toronto: Irwin Law, 2000).
Jamie Cassels and Elizabeth Adjin-Tettey, Remedies: The Law of Damages (Toronto: Irwin Law,
3rd ed., 2014).
R.J. Sharpe, Injunctions and Specific Performance (Aurora: Canada Law Book, 2nd ed., 1992)
and Supplements.
S.M. Waddams, The Law of Damages (Aurora: Canada Law Book, 3rd ed., 1997) and
Supplements.
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Federation of Law Societies of Canada
National Committee on Accreditation
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