Restitution and the Rescue of Life

Abstract

The author argues that restitutionary relief should be available to life rescuers. Analyzed in terms of the Canadian principle of unjust enrichment, it can be said that a victim receives an enrichment and a rescuer suffers a corresponding deprivation when there is no juristic reason for the enrichment. Policy considerations and precedent also favour the recognition of a right of recovery in limited circumstances. A rescuer's measure of relief should generally be restricted to reimbursement of his expenses, though a professional should also be entitled to remuneration for his services. Policy considerations militate against the availability of privately financed rewards, and against compensation for losses and injuries.