What is the test for unjust enrichment in a property dispute?
Alberta, Canada
The following excerpt is from Holowa Estate, 2011 ABQB 23 (CanLII):
The term "unjust enrichment" is broadly defined as profit acquired through wrongdoing: Waters at p. 507. Unjust enrichment is commonly used in disputes involving property after the breakdown of a cohabitational relationship. Becker v. Pettkus, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834 confirmed the requirements for a claim of unjust enrichment as: (1) Enrichment of the defendant (2) A corresponding depravation of the plaintiff; and (3) Absence of any juristic reason for the enrichment. 3.1.1 Enrichment of the Defendant
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