Does the clean hands doctrine apply to a claim for unjust enrichment that involves the construction of a barn on a Defendant's property?

British Columbia, Canada


The following excerpt is from Craiggs v. Owens, 2012 BCSC 29 (CanLII):

In Muyres v. Gauthier, 2010 BCSC 839, Joyce J. concluded that the plaintiff was barred from succeeding in a claim for unjust enrichment that involved the construction of a barn on the defendant’s property because the barn was going to house an illegal marijuana grow operation. Before the plaintiff could grow any marijuana in the barn, a dispute arose over payment of the construction costs. Despite the fact that no illegal monies were used to construct the barn and no illegal activities had commenced, Joyce J. held that the illegal purpose behind the construction of the barn precluded recovery based on the clean hands doctrine. The plaintiff was not permitted to found his claim for an equitable remedy on his own illegal conduct.

Other Questions


How have the courts in BC dealt with a claim for unjust enrichment and constructive trust in real property in a relationship where the parties were in a marriage-like relationship for seven years? (British Columbia, Canada)
What evidence has been tendered to the Court of Appeal in the context of a property owner's claim for damages arising from the construction of a neighbouring lot? (British Columbia, Canada)
Can a claim for unjust enrichment and entitlement to the remedy of constructive trust be rebutted under s. 23 of the Land Title Act? (British Columbia, Canada)
Does the "clean hands" doctrine apply to equitable relief? (British Columbia, Canada)
Is there anything unfair or unjust in denying a plaintiff a beneficial interest in a Defendant's property? (British Columbia, Canada)
What is the test for considering unjust enrichment in the context of a claim for equitable enrichment? (British Columbia, Canada)
Can the remedy of unjust enrichment be used to displace the statutory doctrine of unlawful enrichment? (British Columbia, Canada)
What is the test for a claim for unjust enrichment in the context of an occupation rent claim? (British Columbia, Canada)
What is the preponderance of evidence supporting the respondent's claim that his interest in the Mazraa Property constitutes excluded property? (British Columbia, Canada)
What is the burden of establishing that a claimant’s claim will not be defeated if the Respondent's property is disposed of? (British Columbia, Canada)

There are no other similar questions at this time.