Dominion Royalty Corporation Ltd. v. Goffatt

Dominion Royalty Corporation Ltd. v. Goffatt

Because changed circumstances made restitutio in integrum impossible, rescission was unavailable and the court would not entertain unpleaded alternative remedies on appeal, so the appeal was dismissed.

Source-derived case information.

Citation
[1935] SCR 565
Parties
Appellant/plaintiff: Dominion Royalty Corporation Ltd. (Incorporated 1930); Appellant/plaintiff: Dominion Royalty Corporation Ltd. (Incorporated 1934); Respondent/defendant: W.C. Goffatt
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 October 1935
Procedural Posture
Appeal From Court of Appeal (contract/rescission) / On Appeal to the Supreme Court of Canada
Outcome
Appeal dismissed with costs
Legal Topics
Rescission, Restitutio in Integrum, Fiduciary Disclosure, Moneys Had and Received, Damages, Procedural Waiver
Source Language
english
Contract Equitable Remedies Restitution Civil Procedure Rescission Restitutio in Integrum Fiduciary Disclosure Moneys Had and Received +2 more

Source-derived case record

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Parties

Dominion Royalty Corporation Ltd. (Incorporated 1930)

Appellant/plaintiff

Dominion Royalty Corporation Ltd. (Incorporated 1934)

Appellant/plaintiff

W.C. Goffatt

Respondent/defendant

Procedural Posture

Appeal From Court of Appeal (contract/rescission) / On Appeal to the Supreme Court of Canada

Legal Issues

  1. 1 Whether rescission remains available where restitutio in integrum is impossible due to changed circumstances
  2. 2 Whether alternative relief (damages, equitable compensation, moneys had and received) can be awarded where not pleaded or tried
  3. 3 Whether defendant owed fiduciary duty requiring full disclosure

Ratio Decidendi

Because changed circumstances made restitutio in integrum impossible, rescission was unavailable and the court would not entertain unpleaded alternative remedies on appeal, so the appeal was dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs