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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.

This doctrine has been created and revised by the courts over the centuries and is rooted in the general principles of equity.  It is the court’s way to remedy unfairness that the law may not otherwise directly provide for.  Given the prevalence of claims for unjust enrichment and constructive trusts in estate litigation, our lawyers have written blogs on some of the more interesting aspects of this doctrine and highlighted the factors relied on by the courts in prosecuting and defending such claims. For those seeking an introduction or review of the topic, these blogs make an interesting read:

The authors of this blog are Charles Wagner and Gregory Sidlofsky. Charles is a Certified Specialist in Estates and Trusts and partner at Wagner Sidlofsky LLP. Gregory is a Certified Specialist in Litigation by The Law Society of Upper Canada and partner at Wagner Sidlofsky LLP.

This Toronto office is a boutique litigation law firm whose practice is focused on estate and commercial litigation.

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This blog is not intended to serve as a comprehensive treatment of the topic. It is not meant to be legal advice. Every case turns on its specific facts and it would be a mistake for the reader of this blog to conclude how it might impact on the reader’s case. Nothing replaces retaining a qualified, competent lawyer, well versed in this niche area of practice and getting some good legal advice.
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