What is the test for unjust enrichment in a personal injury action?

Nova Scotia, Canada


The following excerpt is from Murphy v. Colbourne, 2016 NSSC 211 (CanLII):

At trial, the Plaintiff initially sought the return of all of the money that she invested in the property. As noted in Kerr v. Baranow, supra, at ¶ 101: ….. Of course, a claimant cannot expect both to get back something given to the defendant and retain something received from him or her: Birks, at p.415. The unjust enrichment analysis must take account of this common sense proposition…..

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