What are the remedies for unjust enrichment by subtraction?
British Columbia, Canada
The following excerpt is from Dhillon v. Dhillon, 2006 BCCA 524 (CanLII):
The judge ordered restitution in the form of constructive trust and disgorgement of profits, which are equitable remedies for unjust enrichment. “The principle of unjust enrichment lies at the heart of the constructive trust”: Pettkus v. Becker, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834 at 847. The elements required to make out a complete cause of action in unjust enrichment by subtraction include: “an enrichment [of the defendant], a corresponding deprivation [of the plaintiff] and absence of any juristic reason for the enrichment”: Pettkus at 848.
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