Disgorgement Of Profits Explained

Summary

Disgorgement of profits is a legal remedy in Canadian contract law where the breaching party must surrender profits gained from the breach. It is not commonly applied and is typically reserved for cases involving breaches of fiduciary duty or situations where compensatory damages are deemed inadequate. The courts consider factors of fairness and justice when deciding to apply this remedy. If you are dealing with a breach of contract issue, it may be beneficial to consult with a legal professional to understand the potential remedies available in your specific case.

Full Conversation

I would like to know about disgorgement of profits as a remedy for breach of contract in Canadian jurisprudence.
Disgorgement of profits is a remedy where the breaching party must surrender profits made from the breach. In Canadian jurisprudence:
- It's not a common remedy.
- Applied in cases of fiduciary duty breaches or where compensatory damages are inadequate.
- Courts consider fairness and justice.
Can you provide more details about your specific situation?