Independent evidence required to support unjust enrichment claim based on change of beneficiary: OCA

Some independent evidence is needed to support Moore v. Sweet claims, says Nick Esterbauer

By Julius Melnitzer | November 18, 2022

Parties alleging that a change of beneficiaries was unlawful must prove the existence of a clear agreement to maintain their beneficiary status without change, the Ontario Court of Appeal has ruled.

In Fair v. BMO Nesbitt Burns, a unanimous panel ruled that Superior Court Justice Chris de Sa was correct in dismissing Anne Fair’s claim summarily after concluding that it did not raise a genuine issue for trial. MORE . . .

Julius Melnitzer is a Toronto-based legal affairs writer, ghostwriter, writing coach and media trainer. Readers can reach him at or


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