Commercial and Estate Litigation Blog

A Review of Unjust Enrichment

Many clients intuitively know they have been wronged. However, what feels like a meritorious claim sometimes has no readily apparent basis in law. In some instances, the courts have historically addressed these moral claims by employing principles of "equity" to give deserving parties a remedy. One such tool employed by the courts is the doctrine of unjust enrichment.
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Two sides of same coin: Derivative action and oppression remedy

One of the most fundamental principles of Canadian corporate law is that a corporation has a legal personality distinct from its shareholders. At common law, shareholders were precluded from bringing their own action in respect of a wrong done to the corporation. Even majority or controlling shareholders had no personal cause of action for a wrong done to the corporation.
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