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Zaidan Group Ltd. v. London (City)

[1991] 3 SCR 593 Court SCC Decision date 1991-11-21 Docket 21850 English

PartiesThe Zaidan Group Ltd. Appellant·The Corporation of the City of London Respondent

Judges La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank

Delivered by Majority

On appeal from Ontario

Subjects Action

Contents

The following is the judgment delivered by

The Court -- We are all of the view that this appeal must be dismissed. The appellant's claim to interest on an overpayment of tax based on the doctrine of unjust enrichment is not available in this case in the light of s. 6(1) of the Municipal Interest and Discount Rates Act, 1982, S.O. 1982, c. 44. This section authorizes a municipality to pass a by-law for the payment of interest and also gives a municipality a discretion to do so. In this case, the City of London did not pass such a by-law. Accordingly, the claim for unjust enrichment fails and the appeal is dismissed with costs.
Appeal dismissed with costs.
Solicitors for the appellant: Richmond, Stambler & Mills, London.
Solicitors for the respondent: Siskind, Cromarty, Ivey & Dowler, London.

Statutes and regulations cited

  • Unresolved citations
    • s. 6(1) of the Municipal Interest and Discount Rates Act, 1982