estoppel, defense, money, mistake, courts, change of position
The recent decision in RBC Dominion Securities Inc.v. Dawson' raises some interesting questions regarding the defences available to a claim in restitution for the recovery of money paid by mistake. At issue were the, defences of change of position and estoppel. Both defences are recognized in Canadian law, but questions remain regarding their limits and their relationship.
Karl J. Dore, "Change of Position and Estoppel as Defences to an 'Action for Money Paid by Mistake" (1992) 15:2 Dal LJ 615.