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In Atlantic Lottery Corp. v. Babstock, 2020 SCC 19 (Babstock), released July 24, 2020, the Supreme Court of Canada (SCC) unanimously confirmed that “waiver of tort” is not an independent cause of action for disgorgement. To make out a claim for disgorgement, a gain-based remedy, a claimant must first establish actionable misconduct. Further, according to the ...

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