What is the test for unjust enrichment in a family law case?
British Columbia, Canada
The following excerpt is from Fuller v. Matthews, 2007 BCSC 444 (CanLII):
Although Iacobucci J. was speaking in the commercial context, the principles of unjust enrichment apply equally to family law cases. In this regard, I note that McLachlin J. observed the following at ¶24 of Peter v. Beblow: 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. A special rule for family cases finds no support in the jurisprudence. Applying the Law (i) Unjust Enrichment in Relation to Plaintiff’s Expenditure of Labour
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