Last Updated: August 23 2026
If I was wronged but suffered little or no loss, can I still ask a court to order disgorgement if the other side profited from the wrongdoing?
Pollock Paralegal can help you evaluate a “profiting from wrong” unjust enrichment claim for disgorgement in Ontario even when your direct damages are minimal, because disgorgement is a restitutionary remedy that strips ill-gotten gains rather than compensating a victim’s loss; the court may allow it when there is an underlying legal wrong and the ordinary damages remedy is inadequate, and in limited cases the “corresponding deprivation” can be shown by how the defendant’s gain was made possible by the wrongdoing, including scenarios involving breach of trust or fiduciary duty and sometimes other wrongs like fraud or breach of contract, see Pharmascience v. Novartis Pharmaceuticals, 2020 ONSC 6534, 2020 ONSC 6534. For a clear next step, contact (519) 694-0363 to discuss your facts and whether disgorgement may be available.
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Is There a Type of Legal Compensation Available From a Wrongdoer Who Profits From a Wrongdoing?
When a Wrongdoer Benefits or Profits From a Wrongdoing, the Victim of the Wrongdoing May Claim Disgorgement of the Benefits or Profits From the Wrongdoer.
Note: For immediate help, please contact Pollock Paralegal by phone at: (519) 694-0363 to retain services or to discuss any specific questions that you may have.
Understanding Disgorgement Remedy Principles Involving Restitution For Wrongdoings Resulting In Ill Gotten Gains
There are some circumstances in which a wrongdoer receives a benefit or profit from the wrongdoing and yet the victim is without a corresponding harm or loss. Generally, under legal principles akin to no harm, no foul concepts, a legitimate lawsuit permits compensation for the loss or harm suffered by the victim; however, in some circumstances it is proper to claim disgorgement of benefits or profits received by the wrongdoer.
The Law
Disgorgement remedy, as a stripping of ill gotten gains from a wrongdoer, was well explained within the Pharmascience Inc. v. Novartis Pharmaceuticals Canada Inc., et al, 2020 ONSC 6534, case wherein it was stated:
[19] Under the “profiting from wrong” theory of unjust enrichment, disgorgement may be available if the defendant has committed “an underlying legal wrong against a plaintiff, and the ordinary damages remedy for the underlying wrong is inadequate”. As the Court of Appeal noted, disgorgement in these cases is typically reserved for when there has been a breach of fiduciary duty or a breach of trust. However, in exceptional cases, disgorgement as a restitutionary remedy can also be granted where the “underlying legal wrong” is a crime or a breach of contract or a tort.[6] In cases premised on “profiting from wrong”, the concept of “corresponding deprivation” takes on a slightly different meaning. A plaintiff may be able to prove a corresponding loss by showing that the defendant’s gain was “made possible” by the defendant’s wrongful act towards the plaintiff rather than proving a direct or indirect transfer of wealth.[7]
Explained Principles
Imagine a situation where a person commits a criminal fraud or a civil fraud upon another person. In some circumstances, the victim may experience little harm or was able to mitigate all or most of the harm that resulted from the fraud and thus little loss, if any occurs; however, the wrongdoer may have significantly benefited or profited from the fraud. Courts, seeking to discourage wrongful conduct, may order that the ill gotten gains be disgorged, meaning taken away, from the wrongdoer and granted to the victim. Essentially, disgorgement remedy is used to ensure that a wrongdoer fails to benefit or profit from acts of wrongdoing especially in circumstances where the victim was unharmed, or suffered only little harm, by the misconduct of the wrongdoer.
Summary Comment
Disgorgement is a form of restitution rather than compensation whereas disgorgement is applied in law as a matter of fairness rather than as a means for making whole the losses or harms of a victim.
NOTE: A significant quantity of inquiries featuring “lawyers near me” or “best lawyer in” typically indicate a desire for prompt, qualified legal assistance rather than a particular job title. In Ontario, certified paralegals operate under the same Law Society that governs lawyers, and they possess the authority to represent clients in specified litigation issues. Core aspects of this role include advocacy, legal reasoning, and procedural expertise. Pollock Paralegal provides legal representation within its licensed framework, focusing on strategic positioning, evidentiary preparation, and compelling advocacy designed to secure efficient and advantageous outcomes for clients.
