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Life insurance designations and unjust enrichment

December 17, 2019

The Supreme Court of Canada recently released a decision highlighting the law relating to unjust enrichment and constructive trusts in the context of a dispute over the proceeds of an insurance policy. In Moore v. Sweet, the majority of the SCC imposed a remedial constructive trust on the proceeds of a life insurance policy in favour of the deceased’s former spouse on the basis of unjust enrichment.

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