Is there a juridical basis for a claim against the Respondent in the Superior Court of Justice for the loss of benefits received by the respondent and subsequently her estate?
Saskatchewan, Canada
The following excerpt is from Stanhope v. Mikkelsen, 2001 SKCA 80 (CanLII):
As well the evidence demonstrates there were, without a juridical basis therefore, benefits received by the mother and subsequently her estate, and a deprivation incurred by the respondent. See, for example, Sorochan v. Sorochan, 1986 CanLII 23 (SCC), [1986] 2 S.C.R. 38. We find no basis on which to interfere with the trial judge’s conclusion on the fundamental issue of restitution.
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