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24 Mar 2020

Contract law 2020 BCCA 98

Kim v. Choi

Court: British Columbia Court of Appeal

The court dismissed an appeal over restitution after an immigration-related scheme, holding illegality did not bar unjust enrichment relief where repayment would not frustrate policy.

Illegality (ex turpi causa) defence
Restitutionary relief
Unjust enrichment
Unconscionability
Constructive trust
Immigration fraud/misrepresentation

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Kim v. Choi