What are some examples of unjust enrichment where a court found unjust enrichment when a plaintiff removed her elderly mother from Canada to live with her in Guatemala?
British Columbia, Canada
The following excerpt is from Lamperstorfer v Plett, 2018 BCSC 89 (CanLII):
Gould v. Royal Trust Corp. of Canada, 2009 BCSC 1528, aff’d 2010 BCCA 424 is an example where a court found an unjust enrichment. In this case, the plaintiff removed her aging mother from Canada to live with her in Guatemala. The mother had dementia and could no longer live on her own. The plaintiff did not inform her three brothers that she was taking their mother as she knew they would object to the plan. One of the brothers was his mother’s designated legal representative, as the mother was no longer legally competent. The plaintiff then incurred a number of expenses to care for her mother in Guatemala during the last four years of her mother’s life. After their mother died, the plaintiff sought to vary the distribution to her in her mother’s will. Part of her claim included a declaration of constructive trust against her mother’s estate for the medical expenses she incurred, based upon unjust enrichment.
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