Knowledge and Experience. When You Need it Most.

Unjust Enrichment Claims in southern Ontario

When a person or party receives benefits unfairly or without providing fair compensation, they are said to be unjustly enriched and the party providing the benefits may have a legal right to seek restitution. At Donnell Law Group, our lawyers are experienced in cases where unjust enrichment has occurred, including estate litigation and civil litigation matters.

Unjust enrichment commonly involves a breach of contract. Consider the following example: A general contractor starts a home renovation with the full expectation he will be paid upon completion. However, a situation arises and the contract is terminated early due to a breach. If the property owner refuses to pay for the work that has already been done, this is considered unjust enrichment as the homeowner is benefiting from the general contractor’s work and has not paid for this "benefit".

Proving Unjust Enrichment

This claim can be filed any time one person or party stands to benefit unfairly from another party, including estate situations. When proving unjust enrichment, you should consider the following questions:

• Did the claimant provide benefits to the defendant?
• Were the benefits provided at the expense of the claimant?
• Was there compensation for the benefits?
• Did the defendant benefit unfairly or unjustly?

If you need legal guidance regarding an unjust enrichment claim, consult with the lawyers serving southern Ontario at Donnell Law Group.