The Latest Word on Unjust Enrichment

This is an important decision for everyone who comes across equitable relief in their practice. In March 2017 a divided panel of the Ontario Court of Appeal in Moore v. Sweet overturned a finding of unjust enrichment on the ground there was a “juristic reason” for the enrichment. The decision was appealed. On 23 November 2018 the Supreme Court of Canada, splitting 6-2, applying precisely the same legal test, found there was there was no “juristic reason” for the enrichment, and restored the unjust enrichment remedy awarded at first instance. The facts of the case are simple. During their marriage Michelle Moore and her husband Lawrence bought a life insurance policy on his life which designated Ms Moore as revocable beneficiary. They later separated. They agreed orally that Ms Moore would pay the policy premiums and in exchange Mr Moore would maintain Ms Moore as beneficiary. Despite this agreement shortly after their separation, unbeknownst to Ms Moore,…

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