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)

Other Questions


What are the elements of a cause of action in unjust enrichment? (Yukon, Canada)
Is there any error of law in a judge's analysis of the doctrine of unjust enrichment? (Yukon, Canada)
What is the test for unjust enrichment in the law of constructive trust? (Yukon, Canada)
What is the test for a finding of private nuisance against the Attorney General of Canada? (Yukon, Canada)
What is the effect of a finding in a sexual assault and battery case? (Yukon, Canada)
Is a plaintiff entitled to full indemnity and special costs as indemnity? (Yukon, Canada)
How have the courts interpreted the constructive trust remedy in a family law case? (Yukon, Canada)
What is the standard of review for a finding of mixed fact and law? (Yukon, Canada)
What is the standard of review for findings of fact in a medical malpractice case? (Yukon, Canada)
Is a plaintiff entitled to compensation for the impairment he sustained in a motor vehicle accident? (Yukon, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.