What is the current state of the law in the context of a claim for unjust enrichment?
Ontario, Canada
The following excerpt is from Serbian League of Canada v. Mihalo Stojanovich et al., 2020 ONSC 105 (CanLII):
This approach is flexible and enables the courts to “identify circumstances where justice and fairness require one party to restore a benefit to another”: Moore, at para. 38. The onus is on the applicant to satisfy a prima facie finding of unjust enrichment, at which point the respondent may put forth defences or explanations: Granger v. Granger, 2016 ONCA 945, 133 O.R. (3d) 641, at para. 75. The Estates are Clearly Enriched:
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