What is the test for unjust enrichment in a commercial context?

Alberta, Canada


The following excerpt is from Martens v. Gulfstream Resources Canada Ltd., 1998 ABQB 469 (CanLII):

In Atlas Cabinets the principles enunciated in Pettkus were applied in a commercial context. These principles were (1) enrichment of the defendant (2) a corresponding deprivation of the plaintiff, and (3) the absence of any juristic reason for the enrichment. It was pointed out by Southin, J.A., however, dissenting on this issue, that the criteria of unjust enrichment cannot be applied indiscriminately in different situations. She observed that what may be unjust enrichment in a matrimonial situation may not be in a commercial setting. Thus while she was unable to find unjust enrichment in the facts of that case the majority were able and did, in fact, make this necessary finding. At p. 173, Lambert, J.A. for the majority held as follows. In my opinion the element of unjustice or want of commercial good conscience which should guide the application of the three part test in Pettkus v. Becker in a commercial context is established in this case.

Other Questions


What is the test for unjust enrichment in the context of Rule 221? (Alberta, Canada)
What are the elements of unjust enrichment and constructive trust? (Alberta, Canada)
What are the allegations of unjust enrichment in favour of the Lenders against the Underwriters? (Alberta, Canada)
What is the difference between expressing trust and constructing trust and unjust enrichment? (Alberta, Canada)
What are the elements required to establish a claim for unjust enrichment? (Alberta, Canada)
What is the test for unjust enrichment for domestic services? (Alberta, Canada)
What is the unjust enrichment doctrine used in property disputes? (Alberta, Canada)
Can a commercial landlord enforce restrictive covenants against a commercial tenant of a shopping centre? (Alberta, Canada)
How is the value of a contribution that forms the basis of a finding of unjust enrichment? (Alberta, Canada)
What is the remedy for unjust enrichment? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.