“Caregiver” Sibling Awarded $115,000 Over Equal Split of Will

Rawlins v Rawlins 2023 BCSC 466 deals with a very common factual scenario in estate litigation, namely, the sibling who spends most of his or her time living at home
Unjust Enrichment Claim Dismissed For Juristic Reason

Unjust Enrichment Claim Dismissed For Juristic Reason

Gill v Gill 2022 BCCA 264 upheld the dismissal of a former spouse’s claim for unjust enrichment in and to the matrimonial property on the basis that a rental agreement
Unjust Enrichment and Constructive Trusts

Unjust Enrichment and Constructive Trusts

Trevor Todd and Jackson Todd have been practicing in contested estates for over sixty combined years  including cases involving unjust enrichment and the imposition of a remedial constructive trust.  

Unjust Enrichment and Insurance Policies

Moore v Sweet 2018 SCC 52 held that pursuant to the law of unjust enrichment, a constructive trust should be imposed upon life insurance proceeds on the deceased’s life, where
Unjust Enrichment Upheld re: Illegal Contract

Unjust Enrichment Upheld re: Illegal Contract

Kim v Choi 2020 BCCA 98 held that an Illegal immigration scheme/contract does not bar a claim in unjust enrichment unless restitution would frustrate the policy underlying the illegality, leading
Unjust Enrichment Dismissed Against Trust

Unjust Enrichment Dismissed Against Trust

In Fredericks Alter Ego Trust v Downer 2019 BC SC 963 the court dismissed a claim brought for unjust enrichment, and a constructive trust to be imposed upon property that
Deceit, Unjust Enrichment and the "Sugar Daddy"

Deceit, Unjust Enrichment and the “Sugar Daddy”

Norkum v Fletcher 2018 BCSC 904 involved as a backdrop to the litigation sex for pay, opportunism, deceit and false expectations. The proceeding arose out of an 8 ½ year
The "In Law Suite" - Unjust Enrichment

The “In Law Suite” (Unjust Enrichment)

A common source of estate litigation is the contribution of funds towards an “ in law suite”, that ultimately does not work out over time, and the in-laws sue to
Unjust Enrichment Disallowed For Family Workers

Unjust Enrichment Disallowed For Family Workers

The BC Appeal Court in McDonald v McDonald 2017 BCCA 255 disallowed an award for unjust enrichment for various children who worked on the family farm for years without compensation,
Unjust Enrichment in Common Law Relationships

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