What is the test for finding a claimant entitled to a remedy for unjust enrichment?
Yukon, Canada
The following excerpt is from Daws v. Buckler, 2003 YKSC 60 (CanLII):
In Peter v. Beblow, supra, at para. 22, the court clearly stated that finding a claimant entitled to a remedy for unjust enrichment does not imply that there is a constructive trust. As a general principle, the courts “should exercise flexibility and common sense when applying equitable principles to family law issues with due sensitivity to the special circumstances that can arise in such cases.” (para. 26)
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