What is the test for unjust enrichment in a restitutionary cause of action?
Saskatchewan, Canada
The following excerpt is from Lazeski v. Lakeview School Division No. 142, 2007 SKQB 109 (CanLII):
The case leaves no room for doubt that restitutionary causes of action are equitable, and are to be resolved upon the application of the principles relating to unjust enrichment. Iacobucci, J., sets out the test for unjust enrichment that has been well established in Canada. The cause of action has three elements: (1) an enrichment of the defendant; (2) a corresponding deprivation of the plaintiff; and (3) an absence of juristic reason for the enrichment (Becker v. Pettkus, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834; ... at p. 848 [S.C.R.]; Peel (Regional Municipality) v. Ontario, 1992 CanLII 21 (SCC), [1992] 3 S.C.R. 762; ... at p. 784 [S.C.R.]).
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