What are the elements of an action in unjust enrichment?
British Columbia, Canada
The following excerpt is from B.R.K. v. C.M.D., 2004 BCSC 183 (CanLII):
The next question is whether the elements of an action in unjust enrichment have been made out, giving rise to a remedy either in constructive trust or in a monetary award. A monetary award is made on the basis of the value of services rendered. In order to found a constructive trust, the plaintiff must establish a direct link to the property and be found to have a proprietary interest in it (Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980, at paras. 21 and 26).
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