Can a plaintiff recover from the estate of the deceased on the basis of unjust enrichment?
British Columbia, Canada
The following excerpt is from Brennan v. Gardy Estate, 2011 BCSC 1337 (CanLII):
In order to prove a right to recover from the estate on the basis of unjust enrichment, the plaintiff must establish three elements: i. An enrichment or benefit to the defendant; ii. A corresponding deprivation to the plaintiff; and iii. The absence of a juristic reason for the enrichment. (Kerr v. Baranow, 2011 SCC 10 [Kerr] at para. 32)
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