Simon looking earnest in Preveza, Greece
Simon Shields, LLB

Advising Self-Representing
Ontario Litigants
Since 2005

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Equity - Remedies

Equity - Unjust Enrichment

Equity - Proprietary Estoppel

Clarke v. Johnson (Ont CA, 2014)

This case concerned the rights of a man who had contributed to the purchase and physical construction of a cottage on a family-owned vacation island, but whose former mother-in-law then sought to exclude him after the marriage failed. The man was ultimately awarded a constructive trust in the form of a lifelong licence to use the property. The case discussed the following equitable principles in turn:
  • proprietary estoppel [paras 41-61]
  • unjust enrichment [paras 62-72]
  • equitable remedies [paras 73-85].
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