How has the doctrine of unjust enrichment been interpreted in the context of employment pension law?
Ontario, Canada
The following excerpt is from Cloutier v. Francis, 2011 ONSC 5550 (CanLII):
Cromwell J. did not specifically mention the case of Bigelow v. Bigelow, supra. Nor did he specifically discuss the unique challenges that an employment pension may present in the application of doctrine of unjust enrichment. However, I conclude that Bigelow v. Bigelow, supra, is still good law and may inform the remedy to unjust enrichment on the facts of this case. I come to that conclusion for the following reasons.
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