What is the current state of the law on unjust enrichment and breach of fiduciary duty?

A review of the most recent cases confirms the significant evolution and development in the law relating to the obligations of persons who carry out activities that, unknown to other parties, may cause them injury or harm. In Brogaard v. Canada (Attorney General), supra, Justice Allan, at para. 101, concluded: In my opinion, it is clear that unjust enrichment and breach of fiduciary duty are developing areas of the law, as are issues relating to the constitutional validity of legislation and available remedies. I cannot conclude at this stage that it is plain and obvious that the plaintiffs cannot succeed on these issues...