What is the test for recoverable damages under the doctrine of unjust enrichment?
Saskatchewan, Canada
The following excerpt is from Love v. Love, 2013 SKCA 31 (CanLII):
The Chambers Judge’s conclusion on this point is correct. Canadian law permits recovery on the basis of the doctrine of unjust enrichment when three elements are present: (a) an enrichment of or to the defendant, (b) the corresponding deprivation of the plaintiff, and (c) the absence of a juristic reason for the enrichment. See: Kerr v. Baranow, 2011 SCC 10, [2011] 1 S.C.R. 269 at para. 32.
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