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Equitable Claims and Remedies

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Equitable claims are legal remedies that go beyond what a written contract or strict legal rule can provide. 

They are based on the principle that someone should not be allowed to benefit unfairly at another person’s expense — even when there is no formal agreement in place.

In estate and property disputes, equitable claims often arise when:

  • Someone contributed to an asset — financially or through labour — but was never given formal ownership.
  • A promise was made that someone relied on to their detriment  and the person who made it is now denying it.
  • One person was unjustly enriched at another’s expense with no legal justification.
  • A relationship of trust was exploited for financial gain.

These claims are complex, fact-specific, and require lawyers who understand both the legal principles and how to prove them in court.

Common Claims

Unjust Enrichment: When one person benefits at another’s expense and there is no legal justification for keeping that benefit. 

Trust Claims: Commonly used to give a party ownership over an asset, even though the asset is not in their name.

Estoppel Claims: The Court may force a party to follow through on a promise, even though an actual contract may not exist. The Court may prevent a party from going back on their word, especially if you suffered prejudice by relying on their assertions.

Frequently Asked Questions

  • Do I need a written agreement to make an equitable claim?
    No — that's precisely the point of equitable remedies. They exist for situations where there is no written agreement but allowing the other side to walk away would be fundamentally unjust.
  • How is an equitable claim different from a contract claim?
    A contract claim requires a formal agreement with offer, acceptance and consideration. An equitable claim is based on fairness, contribution and the conduct of the parties, regardless of whether there was a contract.
  • Can equitable claims be brought against an estate?
    Yes — and they frequently are. Claims for unjust enrichment, constructive trust, and resulting trust are commonly brought against estates where the deceased benefited from someone's contributions during their lifetime.

Contact Pinto Shekib LLP, Your Toronto Estate Litigation Lawyers

Call 416.901.9984 or email info@pintoshekib.ca for a confidential consultation.