What is the test for unjust enrichment?

British Columbia, Canada


The following excerpt is from Dryden v. Bischoff, 2006 BCSC 1297 (CanLII):

In order to establish a claim for unjust enrichment, a plaintiff must prove three essential elements, namely: (a) one: that the plaintiff conferred a financial benefit on the defendant by making “a substantial contribution” in work or money (or both) to the acquisition, improvement or maintenance of the defendant’s real or personal property, directly or indirectly; (b) two: that the plaintiff incurred a corresponding financial deprivation, in that he or she did not receive any (or any adequate) compensation for his or her substantial contribution of work or money; and (c) three: that it would be unjust not to compensate the plaintiff for the enrichment thereby conferred on the defendant, because the plaintiff had no obligation in law to confer the benefit and the plaintiff had a reasonable expectation of compensation. (See Peter v. Beblow 1993 CanLII 126 (SCC), [1993] 1 SCR 980; 77BCLR (2d) 1, at paragraphs 3, 10-13 and 83-84.) The Issue of Credibility

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