What is the test for a finding of unjust enrichment in the context of a claim for the return of a portion of the proceeds of a property acquired through the sale of real property?

Nova Scotia, Canada


The following excerpt is from Annapolis (County) v Kings Transit Authority, 2012 NSSC 401 (CanLII):

In the alternative, the appellants submit that this money should be returned on the basis of unjust enrichment. A finding of unjust enrichment has three requirements: an enrichment, a corresponding deprivation and an absence of any juristic reason for the enrichment. The fact that a party’s actions have benefited another is not enough; it must also be “evident that the retention of the benefit would be ‘unjust’ in the circumstances of the case”: Pettkus v. Becker, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834, at p. 848, per Dickson J. (as he then was).

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