What is the test for unjust enrichment in a long-term relationship?
British Columbia, Canada
The following excerpt is from Hubar v. Jobling, 2000 BCCA 661 (CanLII):
My reluctance is founded upon two propositions: 1. Persons who choose, as the parties to this action did, to live together without any expressed commitment to each other should be able to do so without incurring any legal obligations to each other. The concept of unjust enrichment has come so far from Pettkus v. Becker, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834, as to be well nigh unrecognizable. There is nothing "unjust" on the facts of this case in the respondent being kept to her original bargain which was that neither had any obligation to the other. 2. There is a maxim of the common law "de minimis non curat lex". If there was an "enrichment" here, it was and is de minimis and not worthy of reparation at law or equity. "The Honourable Madam Justice Southin"
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