What is the test for unjust enrichment when a contract is unenforceable by law or equity?
Ontario, Canada
The following excerpt is from Process Automation Inc. v. Norstream Intertec Inc. & Arroyave, 2010 ONSC 3987 (CanLII):
Thus, as Leitch J. also states in Meltzer Investment GMBH v. Gildan Activewear Ltd. [2009] O.J. No. 5695 (S.C.J.) at para. 30: “a contract rendered unenforceable by law or equity does not qualify as a juristic reason for the purposes of the test for unjust enrichment”.
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