In what circumstances will a judge deny a claim in unjust enrichment?

British Columbia, Canada


The following excerpt is from J.A.B. v. H.W.C., 2008 BCSC 644 (CanLII):

On the other hand, in Toth v. de Frias (1996), 78 B.C.A.C. 34, Donald J.A. upheld the decision of a trial judge to deny a claim in unjust enrichment. Donald J.A. rejected the appellant’s contention that the trial judge ignored the appellant’s contribution of household services and noted that the trial judge’s decision “rests on the finding that the benefits derived by the plaintiff in the relationship offset her contributions such that in the end no deprivation was established” (para. 22).

Other Questions


Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
In what circumstances will a plaintiff be able to claim damages for unjust enrichment? (British Columbia, Canada)
What is the test for considering unjust enrichment in the context of a claim for equitable enrichment? (British Columbia, Canada)
What is the test for a claim for unjust enrichment in the context of an occupation rent claim? (British Columbia, Canada)
What are some examples of unjust enrichment where a court found unjust enrichment when a plaintiff removed her elderly mother from Canada to live with her in Guatemala? (British Columbia, Canada)
In what circumstances will a judge award a special costs award for an unsuccessful claim? (British Columbia, Canada)
Can a contract be used as a juristic reason sufficient to defeat a claim of unjust enrichment? (British Columbia, Canada)
What is the test for an unjust enrichment claim in a matrimonial relationship? (British Columbia, Canada)
What is the test for a claim for restitution from a finding of unjust enrichment? (British Columbia, Canada)
What is the test for constructive trust in a claim for unjust enrichment? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.