What is the test for a claim for unjust enrichment in a personal injury case?

Ontario, Canada


The following excerpt is from Federici v. Therrien, 2003 CanLII 2117 (ON SC):

Accordingly, the result that follows in an individual case will depend on the particular circumstances of the parties. In Beckett v. Spencer, [2002] O.J. No.3682 (S.C.J.), following a detailed review of the financial history and labour contributions of the parties, the court held that the contributions of the plaintiff were not disproportionate to the benefits enjoyed during cohabitation, and otherwise were insufficient to warrant a judgment for unjust enrichment. In short, it was found that the plaintiff had not been required to do or pay more than her fair share, as the manner in which the parties allocated the labour and expenses of their cohabitation was neither unfair to the plaintiff nor unjustly enriching to the defendant.

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