In what circumstances will the court distinguish between family and commercial unjust enrichment cases?
British Columbia, Canada
The following excerpt is from Ellingsen (Trustee of) v. Hallmark Ford Sales Ltd., 2000 BCCA 458 (CanLII):
In her majority reasons in Peter v. Beblow, McLachlin J. refused to distinguish between family and commercial cases. She said at 996-97: I doubt the wisdom of dividing unjust enrichment cases into two categories – commercial and family – for the purpose of determining whether a constructive trust lies. … In short, the concern for clarity and doctrinal integrity with which this court has long been preoccupied in this area mandates that the basic principles governing the rights and remedies for unjust enrichment remain the same for all cases.
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