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.
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