What is the appropriate remedy for a claim for damages arising out of the sale of a home?
British Columbia, Canada
The following excerpt is from Stanton-Linder v. Patriquin, 1996 CanLII 813 (BC SC):
The remedy is alternative, as noted by McLachlin J. in Peter v. Beblow supra at p.995: either a monetary award or a trust. In my view, here the appropriate remedy is to make a monetary adjustment to the shares of the selling price of the home.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law in which a plaintiff can claim damages for damages arising out of a natural occurrence? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Is there any distinction between damages for the taking of a Crown grant mineral claim which is a chattel and damages for taking a Crown Grant mineral claim that is a interest in land? (British Columbia, Canada)
Is a constructive trust an appropriate remedy in an action for damages arising out of a loss of income from a contribution made to a pension scheme? (British Columbia, Canada)
When there is little or no objective evidence of continuing injury in the context of a claim for damages arising from a motor vehicle accident, does the claimant have to prove that there is a continuing injury? (British Columbia, Canada)
What is the province's position on a claim for damages arising out of a motor vehicle accident? (British Columbia, Canada)
How have courts dealt with claims for damages arising out of the theft of goods from a house where the front door was left unlocked? (British Columbia, Canada)
What are the principles that apply in an application for damages arising out of a long-delayed claim? (British Columbia, Canada)
Can an owner of a strata claim damages or recover property damages or loss of property value against another owner? (British Columbia, Canada)
Can an applicant file a separate claim against a third party for damages arising out of a motor vehicle accident? (British Columbia, Canada)
