What is the test for an equitable claim of unjust enrichment?
Ontario, Canada
The following excerpt is from Metzler Investment GMBH v. Gildan Activewear Inc., 2009 CanLII 74223 (ON SC):
In Pettkus v. Becker, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834 at 848, Dickson J. set out the three requirements to be satisfied before the equitable claim of unjust enrichment can exist: …an enrichment, a corresponding deprivation and absence of any juristic reason for the enrichment.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test of unjust enrichment in the context of a claim for unjust enrichment? (Ontario, Canada)
What is the test for the equitable claim of unjust enrichment? (Ontario, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
How has the Unjust enrichment Claim been treated in the Courts? (Ontario, Canada)
What are the elements of a claim for unjust enrichment? (Ontario, Canada)
What remedies are available to a plaintiff in her claim for unjust enrichment? (Ontario, Canada)
What is the proper remedy for unjust enrichment in the context of a claim for constructive trust? (Ontario, Canada)
Does the equitable doctrine of unjust enrichment apply when there is a contact binding on the parties to the collective agreement? (Ontario, Canada)
Does the limitation period apply to the unjust enrichment claim? (Ontario, Canada)
What is the current state of the law in the context of a claim for unjust enrichment? (Ontario, Canada)
