What is the test for enrichment in a common law relationship?
Ontario, Canada
The following excerpt is from Taylor v. Guindon, 2005 CanLII 25894 (ON SC):
In Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980 at para. 73, Cory J. agreed with this reasoning. He held: As a general rule, if it is found that the defendant has been enriched by the efforts of the plaintiff there will, almost as a matter of course be deprivation suffered by the plaintiff…Particularly in a matrimonial or long term common law relationship it should, in the absence of cogent evidence to the contrary, be taken that the enrichment of one party will result in a deprivation of the other.
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