What is the test for a claim for restitution from a finding of unjust enrichment?
British Columbia, Canada
The following excerpt is from Rockwell v. Fay, 2009 BCSC 935 (CanLII):
Restitution is a monetary remedy which may flow from a finding of unjust enrichment. In order for a claim for unjust enrichment to succeed, the plaintiff must establish that (1) the defendant was enriched; (2) the plaintiff suffered a corresponding deprivation; and (3) there was no juristic reason for the defendant’s enrichment: Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980, 101 D.L.R. (4th) 621.
Once the plaintiff has proven these requirements, the onus moves to the defendant to demonstrate that there is some other valid reason to deny recovery: Kerr v. Baranow, 2009 BCCA 111 at paras. 63 – 65.
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