What are the elements of a cause of action for unjust enrichment?

British Columbia, Canada


The following excerpt is from Interville Development Limited Partnership v The Owners, Strata Plan BCS2313, 2017 BCSC 1947 (CanLII):

The essential elements of cause of action for unjust enrichment are well-known, and are set out in Garland v. Consumers’ Gas Co., 2004 SCC 25, at para. 30. The elements are: (a) an enrichment of the defendant; (b) a corresponding deprivation of the plaintiff; and (c) an absence of juristic reason for the enrichment. However, in my opinion, Interville has failed to plead the facts necessary to state such a claim. No doubt, such facts could be pleaded. However, until the material facts are sufficiently pleaded, no reasonable claim for unjust enrichment has been stated.

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