Does a party who is seeking damages for unjust enrichment have to prove that its conduct was untainted?
Ontario, Canada
The following excerpt is from Smith v. National Money Mart Company, 2007 CanLII 186 (ON SC):
MacPherson J., as he then was, noted at p. 373 of Toronto-Dominion Bank v. Bank of Montreal that because unjust enrichment is an equitable remedy, the party claiming it must establish that its conduct leading to its deprivation was untainted.
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