On a value survived approach, is a party entitled to claim the value of services and other benefits received by the enriched party?

British Columbia, Canada


The following excerpt is from Babcock v. Meyrink, 2012 BCSC 1289 (CanLII):

On the value survived approach, there is no requirement to determine the precise value of the services and other benefits received by the enriched party. See Wilson v. Fotsch, 2010 BCCA 226 (at paras. 60-61):

Other Questions


Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
What is the "value survived" approach to quantifying the value of a constructive trust or monetary award? (British Columbia, Canada)
What is the case law on value received and value survived? (British Columbia, Canada)
Is a successful party entitled to interest on a disbursement of funds from a service provided by the provider of the service? (British Columbia, Canada)
Is there any common law case law that states that a person who receives compensation for their services is subject to an onerous obligation to perform their services at all costs of service? (British Columbia, Canada)
Is a spouse entitled to receive a pension benefit from the Pension Corporation of BC Pension Corporation? (British Columbia, Canada)
What is the test for quantifying the value of a family member’s services in the context of an in-trust claim? (British Columbia, Canada)
How have the courts in BC dealt with a claim for unjust enrichment and constructive trust in real property in a relationship where the parties were in a marriage-like relationship for seven years? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.