The Victoria Day long weekend marks the unofficial opening of cottage season. Unfortunately, in Ontario, spring is delayed, the lakes are cold, and snow still lingers on the forest floor (trilliums be damned). Nevertheless, a cottage case is just what the judge ordered to mark the start of the season. Clarke v. Johnson is a 2014 […]
read moreEstate Litigation
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- Unjust Enrichment Claims
A person may bring an unjust enrichment claim against an estate on the basis that the deceased received an unfair benefit at the expense of the claimant. Put simply, the claimant lost something for example, (time, money), the deceased benefited from it, and it would not be fair or legally justified in the circumstances to allow the deceased’s estate to retain the benefit. The remedy of unjust enrichment is a broad and flexible remedy which allows the court to correct an injustice that would otherwise occur if the deceased’s estate were to retain the benefit.
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