November 27, 2018
Jeremy acted pro bono for the Risa Sweet, the second wife of the late Lawrence Moore. The SCC determined 7-2 that Risa was not entitled to the benefits of Mr. Moore’s life insurance policy due to unjust enrichment. Michelle, Lawrence’s first wife who had been paying the policy’s premiums, was therefore maintained as the sole beneficiary.
“It removes some of the clarity in parties being able to rely on a statute—in this case the Insurance Act—as a basis for a juristic reason and therefore as an answer to a claim of unjust enrichment,” Jeremy said.
He also said the decision could generate more litigation surrounding life insurance claims.
“It opens up a greater, broader avenue for claims of unjust enrichment, even when a statute may indicate where money should flow,” he said.