Granger v. Granger, 2016 ONCA 945

JurisdictionOntario
JudgeCronk, Juriansz , Brown
CourtCourt of Appeal (Ontario)
Subject MatterRESTITUTION,DAMAGES,TRUSTS,FAMILY LAW
Citation2016 ONCA 945
Date15 December 2016
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13 practice notes
  • Cohabitational Relationships
    • Canada
    • Irwin Books Archive Canadian Family Law. Eighth Edition
    • August 3, 2020
    ...Jackson v McNee, 2011 ONSC 4651. 2010 BCCA 226. Kerr v Baranow and Vanasse v Seguin, 2011 SCC 10 at para 109; see also Granger v Granger, 2016 ONCA 945. 2004 SCC Chapter 3: Cohabitational Relationships 3. The parties’ reasonable or legitimate expectations have a role to play at the second s......
  • Table of cases
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • November 18, 2023
    ...Graf v Hope Building Corp, 254 NY 1 (1930) ...................................................... 18 Granger v Granger, 2016 ONCA 945 .................................................................. 628 Grant v Dawkins, [1973] 1 WLR 1406, [1973] 3 All ER 897, 27 P & CR 158 (Ch).................
  • Cohabitational Relationships
    • Canada
    • Irwin Books Canadian Family Law - Ninth edition
    • July 25, 2022
    ...2011 ONSC 3656; Jackson v McNee, 2011 ONSC 4651. 2010 BCCA 226. Kerr v Baranow, 2011 SCC 10 at para 109; see also Granger v Granger, 2016 ONCA 945. 2004 SCC Chapter 3: Cohabitational Relationships retaining the benefit which does not fall within the existing categories. It is the mutual or ......
  • Equitable Damages
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • November 18, 2023
    ...and from producing any combination of clam and tomato juice for a period of ive years. Following termination, the 44 Granger v Granger , 2016 ONCA 945 at paras 88, 89, and 99. In Kerr v Baranow , 2011 SCC 10 at para 71, the Supreme Court clearly identiied the type of domestic dispute as eng......
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7 cases
  • Wilson v Sinclair,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 6, 2022
    ...of juristic reason for the enrichment. [358]    Amy bears the burden of proving her claim:  Granger v. Granger, 2016 ONCA 945 at para. 37. [359]    I do not find that Jesse was unjustly enriched by the delays in finalizing the transaction.  [360] ......
  • Reid v. Reid, 2020 NSCA 32
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • March 24, 2020
    ...are defined by the unenforceable agreement, including payment of common expenses. [37] Brenda Reid had earlier cited Granger v. Granger, 2016 ONCA 945 to argue the judge ignored Kathleen’s onus to prove any enrichment. But on set off and mutuality of benefit, Granger supports Kathleen, not ......
  • Gill v. Gill,
    • Canada
    • Court of Appeal (British Columbia)
    • July 29, 2022
    ...placing the onus on her to establish she paid Gurmail more than fair market rent for the property, Gurinder relies on Granger v. Granger, 2016 ONCA 945 [82]       In Granger, a son claimed his mother was unjustly enriched at his expense through the long-term pr......
  • Serbian League of Canada v. Mihalo Stojanovich et al., 2020 ONSC 105
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 21, 2020
    ...a prima facie finding of unjust enrichment, at which point the respondent may put forth defences or explanations: Granger v. Granger, 2016 ONCA 945, 133 O.R. (3d) 641, at para. The Estates are Clearly Enriched:   [53]      At this stage of the test, it must be ......
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2 firm's commentaries
  • Court Of Appeal Summaries (December 12 – December 16, 2016)
    • Canada
    • Mondaq Canada
    • December 28, 2016
    ...integrity. The Court of Appeal allowed the motion for leave to file fresh evidence, and dismissed the appeal. Granger v. Granger, 2016 ONCA 945 [Cronk, Juriansz and Brown Ahmad and M. Hackl, for the appellant Baron and M. Pluto, for the respondents Keywords: Contracts, Constructive Trust, U......
  • Granger v. Granger – Unjust Enrichment Where There Has Been A 'Mutual Conferral Of Benefits'
    • Canada
    • Mondaq Canada
    • May 5, 2017
    ...of benefits", where it is argued that the plaintiff has also benefitted from the circumstances? In the recent case of Granger v. Granger, 2016 ONCA 945, the Ontario Court of Appeal clarified the approach to be taken in such cases. It declared that the nuanced approach taken by the Supreme C......
2 books & journal articles
  • Cohabitational Relationships
    • Canada
    • Irwin Books Canadian Family Law - Ninth edition
    • July 25, 2022
    ...2011 ONSC 3656; Jackson v McNee, 2011 ONSC 4651. 2010 BCCA 226. Kerr v Baranow, 2011 SCC 10 at para 109; see also Granger v Granger, 2016 ONCA 945. 2004 SCC Chapter 3: Cohabitational Relationships retaining the benefit which does not fall within the existing categories. It is the mutual or ......
  • Cohabitational Relationships
    • Canada
    • Irwin Books Archive Canadian Family Law. Eighth Edition
    • August 3, 2020
    ...Jackson v McNee, 2011 ONSC 4651. 2010 BCCA 226. Kerr v Baranow and Vanasse v Seguin, 2011 SCC 10 at para 109; see also Granger v Granger, 2016 ONCA 945. 2004 SCC Chapter 3: Cohabitational Relationships 3. The parties’ reasonable or legitimate expectations have a role to play at the second s......

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