What is the test for the principle of unjust enrichment and the remedy of constructive trust?
British Columbia, Canada
The following excerpt is from Rosenfeldt v. Olson, 1986 CanLII 997 (BC CA):
In Pettkus v. Becker, Dickson J. (as he then was) laid down four requirements to be satisfied before the principle of unjust enrichment would apply and the remedy of the constructive trust be available, as follows: 1. an enrichment; 2. a corresponding deprivation; 3. an absence of any juristic reason for the enrichment; 4. a causal connection, that is, a clear link between the contribution and the disputed assets.
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