What is the test for determining whether there has been enrichment and a corresponding deprivation?
British Columbia, Canada
The following excerpt is from Kauwell v. Melnyk, 2007 BCSC 485 (CanLII):
In determining whether there has been an enrichment and a corresponding deprivation, the court should consider the totality of what passed between the parties (see Toth v. de Frias (1996), 78 B.C.A.C. 34 (B.C.C.A.).
In Peter v. Beblow, supra at 1012, Cory J., writing the minority concurring opinion, states: There is ample support for the proposition that once enrichment has been found, the conclusion that the plaintiff has suffered a corresponding deprivation is virtually automatic.
"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
If there is enrichment and a corresponding deprivation, does the court have to determine whether there was a juristic reason? (British Columbia, Canada)
What is the test for determining whether there has been enrichment or deprivation between the parties? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What is the test for determining whether there has been a juristic reason for enrichment in a common law relationship? (British Columbia, Canada)
Is there any difference between whether the right of way is actually required for railway purposes and whether it is determinable at the sole will of the Indian Community Fund? (British Columbia, Canada)
What are the factors used to determine the diligence factor in determining whether to grant an application in a personal injury case? (British Columbia, Canada)
What are the relevant factors for determining whether either of two possible jurisdictions would be suitable for the determination of issues raised by the litigation at issue? (British Columbia, Canada)
What is the test for establishing that there was enrichment and corresponding deprivation for the purposes of a claim? (British Columbia, Canada)
What is the test for determining whether or not a party has been unjustly deprived of a portion of their income? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
