“Good Conscience” Constructive Trusts

The Ontario Court of Appeal in Moore v Sweet 2017 ONCA 182 discussed the concept of ” good conscience” trusts that had been pronounced by the Supreme Court of Canada in the decision Soulos v. Korkontzillas 1997 2 SCR 217 in rejecting the claim of… Read more

Unjust Enrichment in Common Law Relationships

The Ontario Court of Appeal in Reiter v Hollub 2017 ONCA 186 reviewed the law of unjust enrichment and dismissed a 6 year common law spouse’s claim that she should share in the increase in the property value of the matrimonial home owned by her… Read more

The Various Types of Trusts

Warde v Slater 2017 BCSC 274 contains a discussion about the various types of trusts in deciding who owned the beneficial interest in the shares of a family business. The decision quotes extensively from Waters on Trusts In Canada.   It is helpful to refer… Read more

A History of Constructive Trust

The BC Court of Appeal in BNSF Railway v Teck Metals Ltd 2016 BCSC 350 the court delivered the following brief summary of the history of constructive trust as an equitable remedy: Constructive trust. Academic writers seem to agree that this type of trust developed… Read more

Unjust Enrichment Claims

Unjust Enrichment Claims   Barrett v. Derksen 2014 BCSC 2209 is a classic case of unjust enrichment made by a surviving common-law spouse after the death of her partner. The claimant and the deceased live together for 17 years until 2009 in a house that… Read more

When Does a Common Law Marriage Come to an End

It is not always clear, even between the spouses themselves, when a common law marriage came to a legal end. The Courts have accordingly developed certain guidelines to assist them. The test of whether a relationship is at an end is objective; W.A.S. v. D.W.T., 2003… Read more

Unjust Enrichment- Pension to Former Spouse Still Named as Beneficiary

The deceased designated a former spouse of 15 years as the beneficiary of his pulp and paper workers pension, despite the fact that the deceased and his former spouse ended their relationship before his death, and the Court still awarded the former spouse the pension… Read more

QUANTUM MERUIT OR UNJUST ENRICHMENT

It is often difficult for a court to determine if a claim should be paid on an hourly rate for services performed( quantum meruit), or if the test of unjust enrichment has been met. I recently provided a second opinion in a case involving a… Read more

Unjust Enrichment – Fair Is Fair!

  Unjust enrichment is a legal doctrine based on the general equitable principal that no one should be allowed to profit at another’s expense. In other words, a person should pay for the reasonable value of any benefits, whether property or services, that he or… Read more

Rebutting Presumption of Indefeasibility of Title

Frame v Rai 2012 BCSC 1876 is a good illustration of how the law of unjust enrichment pertains rebutting the presumption of indefeasible title at the land title office. The case involved a multifamily cooperative use of property where the property was registered in the names… Read more

The Law of Equitable Set Off and Restitution

The Law of Equitable Set Off and Restitution Kessel Estate v Rikxoort 2012 BCSC 1270 involves a dispute arising from a complex financial transaction between the deceased and the defendants. The parties had entered into a buy sell agreement which provided that the survivor of the… Read more

Unpaid Contributions Earns Equitable Interest in Property

  Many children work literally as family slaves without reward, and then are not recognized in their expected inheritance . Haigh v Kent  2012 BCSC 1361 is a good example of the application of the law of unjust enrichment in a  long time family venture… Read more

Unjust Enrichment Equals Fairness

Unjust Enrichment Equals Fairness Unjust enrichment is a legal doctrine based on the general equitable principal that no one should be allowed to profit at another’s expense. In other words, a person should pay for the reasonable value of any benefits, whether property or services,… Read more