What is the test for the equitable claim of unjust enrichment?
Ontario, Canada
The following excerpt is from Apotex Inc. v. Eli Lilly and Company, 2012 ONSC 3808 (CanLII):
The respondent's reliance on the equitable claim of unjust enrichment means that it must plead material facts in support of the three criteria for such a claim which are found in Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980, [1993] S.C.J. No. 36, at p. 987 S.C.R., namely, enrichment of the applicant, a corresponding deprivation of the respondent and the absence of a juristic reason for the enrichment.
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