What is the test for establishing an unjust enrichment claim?

Ontario, Canada


The following excerpt is from Whiteside v. Govindasamy, 2021 ONSC 789 (CanLII):

Jarvis J. further explained the process for establishing an unjust enrichment claim in Knight v. Knight, 2018 ONSC 4027, at para. 31: The claimant has the burden of proving an unjust enrichment claim. Once the claimant has proven enrichment and deprivation and has met the primary burden that the case falls outside of existing, recognized common law, equitable or statutory obligations, the recipient of the benefit must satisfy the court that based on the parties’ reasonable expectations and public policy considerations the recovery claim must fail.

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