Does the Pettkus threefold test apply today?
British Columbia, Canada
The following excerpt is from Skibinski v. Community Living British Columbia, 2010 BCSC 1500 (CanLII):
Iacobucci J. noted that later formulations of the Pettkus threefold test broadened factors a judge must consider when determining whether there was an absence of juristic reason for the defendant to retain the benefit it had received. He referred to Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980 [Peter], at p. 990 and the words of McLachlin J., as she was then: It is at this stage that the court must consider whether the enrichment and detriment, morally neutral in themselves, are ‘unjust’. The test is flexible, the factors to be considered may vary with the situation before the court.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test the Court will apply in determining whether a person can apply for leave of execution? (British Columbia, Canada)
Does a waiver of any right to apply to vary any term of the agreement between the parents apply to this court? (British Columbia, Canada)
In what circumstances will the BCSC review the applicable standard of review apply to a point of law arising in interlocutory proceedings? (British Columbia, Canada)
What is the test for applying the rule of common law in a personal injury case? (British Columbia, Canada)
Can a mathematical formula apply to quantifying a loss? (British Columbia, Canada)
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
Does the principle of "buyer beware" generally apply to home sales? (British Columbia, Canada)
What conceptual approach has been applied to the issue of future loss of earnings? (British Columbia, Canada)
Does a pre-existing duty rule apply when one party promises something that they already owe to the other party? (British Columbia, Canada)
Does the duty of fairness apply to an administrative decision that affects the rights, privileges or interests of an individual? (British Columbia, Canada)
