What is the current state of the law on restitution?
British Columbia, Canada
The following excerpt is from MacMichael v. Strocel, 2009 BCSC 290 (CanLII):
The modern approach to restitution, first outlined in Petkus v. Becker, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834 at p. 848, 117 D.L.R. (3d) 257, contains a tri-partite analysis for assessing restitutionary claims: a. enrichment of the defendant; b. corresponding deprivation to the plaintiff; and c. absence of a juristic reason for the enrichment.
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