Unjust enrichment is when one person is “enriched” at the expense of another’s monetary contributions or efforts otherwise without a legal reason. Determining whether one party was unjustly enriched can be complicated where the parties mutually benefit from each other’s assets or actions. In its recent decision of Granger v Granger, the Ontario Court of Read More
In Canada (Attorney General) v. Fairmont Hotels Inc., 2016 SCC 56 (and its Quebec civil code counterpart Jean Coutu Group (PJC) Inc. v. Canada (Attorney General), 2016 SCC 55), the Supreme Court of Canada shook up the tax world by limiting the availability of rectification to prevent unwanted tax consequences. These decisions will undoubtedly have Read More
While a will offers a way to ensure your assets pass to your chosen beneficiaries on death, not everyone dies with a will. When this happens, the Succession Law Reform Act (Part II) sets out who are the beneficiaries of the estate, while the Estates Act (section 29) ranks in order of priority who may Read More
A new report this month by CIBC Capital Markets estimates that Canadians between the ages of 50 and 75 will receive a record $750 billion in inheritance in the next decade. They’ll receive it thanks to the growing number of Canadians over the age of 75 – the cohort has been calculated at just over Read More
A claim in quantum meruit is sometimes made in the estates litigation context by a disappointed beneficiary. The words quantum meruit literally mean “as much as deserved.” The claimant argues that he or she deserved compensation from the deceased for work that was done but was not properly compensated for under the deceased’s will. In Read More
