Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses unjust enrichment.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week, and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
The McDonald family owned a dairy farm just outside of Mission, BC. Julie McDonald was one of the four children in the McDonald family who worked on the dairy farm as she grew up.
At the time of Julie’s parents’ death, Ms. McDonald and her siblings inherited the farm – but they didn’t inherit it equally. One of the siblings inherited the farm itself, while the other three siblings got shares in the farm that would allow them to get the income from the farm and the proceeds from the farm if it were sold.
They then sued, claiming unjust enrichment which means that because they contributed to the development of the farm, their brother was unjustly enriched by their work as children on the farm.
The court dismissed their appeal, and they were left with just what had been given to them in the will.
In this circumstance, the Supreme Court of Canada had the opportunity to make things more fair for those in the farming community, and in particular to make things more fair for children who have to work for their parents’ businesses as opposed to children who get the benefit of their parents working outside the home or outside a family business.
Unfortunately, the Supreme Court of Canada denied leave to this case and denied to hear the issue.
Watch the video for more.
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