What is the test for an action for unjust enrichment?

British Columbia, Canada


The following excerpt is from McaKay (Bankruptcy of), 2003 BCSC 413 (CanLII):

The criteria that HFC must satisfy are those set out by McLachlin J. (as she then was) in Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980 at 987: 3 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.... Assuming without deciding that an enrichment of the bankrupt estate and corresponding deprivation of HFC would occur, I am persuaded that there is a juristic reason for the enrichment.

Other Questions


What are some examples of unjust enrichment where a court found unjust enrichment when a plaintiff removed her elderly mother from Canada to live with her in Guatemala? (British Columbia, Canada)
What are the elements of a cause of action for unjust enrichment? (British Columbia, Canada)
What are the elements of an action for unjust enrichment? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
What is the limitation period for an action seeking damages for unjust enrichment? (British Columbia, Canada)
Can the remedy of unjust enrichment be used to displace the statutory doctrine of unlawful enrichment? (British Columbia, Canada)
What is the cause of action for unjust enrichment? (British Columbia, Canada)
What are the elements of an action in unjust enrichment? (British Columbia, Canada)
What is the test for considering unjust enrichment in the context of a claim for equitable enrichment? (British Columbia, Canada)
What is the test for an action in unjust enrichment? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.