In Atlas Cabinets the principles enunciated in Pettkus were applied in a commercial context. These principles were (1) enrichment of the defendant (2) a corresponding deprivation of the plaintiff, and (3) the absence of any juristic reason for the enrichment. It was pointed out by Southin, J.A., however, dissenting on this issue, that the criteria of unjust enrichment cannot be applied indiscriminately in different situations. She observed that what may be unjust enrichment in a matrimonial situation may not be in a commercial setting. Thus while she was unable to find unjust enrichment in the facts of that case the majority were able and did, in fact, make this necessary finding. At p. 173, Lambert, J.A. for the majority held as follows. In my opinion the element of unjustice or want of commercial good conscience which should guide the application of the three part test in Pettkus v. Becker in a commercial context is established in this case.
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