What is the test for claiming unjust enrichment in the context of a claim made by Alice against her former partner in her name?
Saskatchewan, Canada
The following excerpt is from Martyniuk Estate, Re, 1999 CanLII 12651 (SK QB):
Alice has claimed unjust enrichment. The Canadian courts have adopted the equitable concept of unjust enrichment as the basis for remedying the injustice that occurs when one person makes a substantive contribution to the property of another without compensation (Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 3 W.W.R. 337 (S.C.C.)).
The test for determining whether unjust enrichment has been established is found in Madam Justice McLachlin’s judgment in Peter v. Beblow, supra said at p. 341: The basic notions are simple enough. An action for unjust enrichment arises when three elements are satisfied: (1) an enrichment; (2) a corresponding deprivation; and (3) the absence of a juristic reason for the enrichment. These proven, the action is established and the right to claim relief made out.
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