What is the test for transferring liability for retirement gratuities between the parties?
Ontario, Canada
The following excerpt is from Conseil Scolaire de District du Nord-Est de L’Ontario v. Near North District School Board, 2009 ONCA 607 (CanLII):
In arriving at a consensus regarding the transfer of liability for the retirement gratuities, both parties believed that they were doing so pursuant to s. 135 of the Education Act. However, in such cases, restitution will only be granted where the claimant can establish that the other party was unjustly enriched at the claimant's expense: see Air Canada v. British Columbia, 1989 CanLII 95 (SCC), [1989] 1 S.C.R. 1161, [1989] S.C.J. No. 44, at paras. 64-66.
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