REMEDIES - Equitable remedies - Unjust enrichment

Law360 Canada (February 6, 2023, 9:07 AM EST) -- Appeal by Barbara De Angelis from an order dismissing her claims for breach of contract and unjust enrichment on the grounds that the judge made numerous errors in his reasoning which warranted setting aside of the order and recognition of her claims against respondent. Annie Siermy and her husband did not have any children. De Angelis helped with the Siermy spouses’ personal affairs, helped manage their health care and health-related issues, assisted with J & A's legal affairs and banking, and assisted with the 22-suite apartment building held by J & A. De Angelis claimed that in exchange for these services, Siermy agreed to leave the bulk of her estate to her (the Legacy Agreement). Unbeknownst to De Angelis, Siermy changed her will to leave most of her estate to De Angelis’ cousin Anne. When Barbara became aware that she was no longer Siermy’s beneficiary, she immediately confronted her, their relationship deteriorated, and this litigation ensued. Other than the Letters from the Grave, the judge found no evidence to support the existence of the Legacy Agreement. The judge found Siermy’s wills over the years did not reflect an intention to leave most of her estate to De Angelis from the 1980s onward. De Angelis’ alternative position was if there was no testamentary contract between herself and Siermy, then Siermy and J & A Properties Ltd. were unjustly enriched by the services she provided....
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