Can domestic services be ground to a claim for unjust enrichment?

British Columbia, Canada


The following excerpt is from Schultz v. Landry, 2007 BCSC 994 (CanLII):

The principle that domestic services may ground a claim for unjust enrichment is well-established in Canadian law: see especially the discussion in Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980, 77 B.C.L.R. (2d) 1. However, the rendering of domestic services itself does not per se entitle a claimant to a proprietary interest in property. A party must demonstrate, both that there has been unjust enrichment and that a monetary remedy would be inadequate: Peter v. Beblow, supra, at ¶ 3, per McLachlin J.

Other Questions


Does the fact that the respondent did not expect the respondent to pay for the domestic services provided by the Respondent have any impact on an unjust enrichment claim? (British Columbia, Canada)
What is the quantum of damages for unjust enrichment in the context of a claim for unpaid domestic services? (British Columbia, Canada)
What is the test for a claim for unjust enrichment in the context of an occupation rent claim? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
What are some examples of unjust enrichment where a court found unjust enrichment when a plaintiff removed her elderly mother from Canada to live with her in Guatemala? (British Columbia, Canada)
Can a common law partner who provides housekeeping and child care services for the other spouse claim unjust enrichment? (British Columbia, Canada)
What is the analytical process to be followed in a domestic relationship claim of unjust enrichment? (British Columbia, Canada)
What is the test for considering unjust enrichment in the context of a claim for equitable enrichment? (British Columbia, Canada)
What is the test for unjust enrichment in the context of unpaid domestic services? (British Columbia, Canada)
Can the contribution of domestic service and health care at the expense of a career and employment income form the basis of unjust enrichment? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.