What is the test for a claim for unjust enrichment in the context of an occupation rent claim?

British Columbia, Canada


The following excerpt is from Klonarakis Estate (Re), 2014 BCSC 1735 (CanLII):

Occupational rent is a claim for unjust enrichment. Such claims must be approached by the court with caution. The court will determine whether the claim is just and equitable in all of the circumstances: Dacyshyn v. Semeniuk, 2007 BCSC 71 at paras. 31 and 36.

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