What is the test for a finding of unjust enrichment between a husband and wife?
British Columbia, Canada
The following excerpt is from Medley v. Medley, 1997 CanLII 3845 (BC SC):
The principles involved in a finding of unjust enrichment are well known. They are set out in the context of constructive trust actions between common law spouses in Becker v. Pettkus 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834 and in Peter v. Beblow (1993) 1993 CanLII 126 (SCC), 44 R.F.L. (3d) 329.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the difference between a husband and wife when the wife is a co-owner of a small business and the wife receives her share? (British Columbia, Canada)
What are some examples of unjust enrichment where a court found unjust enrichment when a plaintiff removed her elderly mother from Canada to live with her in Guatemala? (British Columbia, Canada)
What is the test for apportioning property between a husband and wife in a marriage where the wife's inheritance was acquired during the marriage, and only the wife contributed to the expense and upkeep of the property? (British Columbia, Canada)
What is the test for reapportioning a wife's share of her husband's property in accordance with the husband's contributions to the wife's first marriage? (British Columbia, Canada)
What is the test for an argument that services provided by the wife to the stepmother constitute "unjust enrichment"? (British Columbia, Canada)
In what circumstances will the husband be ordered to pay costs to the wife for his failure to comply with the rules of court and order the wife to pay solicitor and client costs? (British Columbia, Canada)
What is the test for claiming unjust enrichment against the wife's grandparents? (British Columbia, Canada)
What remedies are available to a plaintiff upon a finding of unjust enrichment? (British Columbia, Canada)
What is the test for a claim for restitution from a finding of unjust enrichment? (British Columbia, Canada)
What is the basis for the husband's complaint that he was not given notice of an order for a lump sum payment from his wife to his wife? (British Columbia, Canada)
