What is the test for equitable use of the equitable doctrine of unjust enrichment?
New Brunswick, Canada
The following excerpt is from S.M. v. R.S., 2003 NBCA 6 (CanLII):
In Peter v. Beblow, McLachlin J. lays to rest the argument that, because the legislature has chosen to exclude unmarried couples from the right to claim an interest in the matrimonial assets on the basis of contribution to the relationship, the court should not use the equitable doctrine of unjust enrichment to remedy the situation. To the contrary it should be used where an injustice arises without a legal remedy.
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