What is the test for recoverable damages under unjust enrichment?

British Columbia, Canada


The following excerpt is from Newton v. Crouch, 2016 BCCA 115 (CanLII):

For example, to recover under unjust enrichment, a plaintiff had to establish (1) an enrichment of the defendant by the plaintiff, (2) a corresponding deprivation of the plaintiff, and (3) the absence of a juristic reason for the enrichment. The juristic reason analysis required the court to consider established categories of juristic reason and, in their absence, the reasonable expectations of the parties and public policy considerations: Kerr v. Baranow, 2011 SCC 10.

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