What is the test for establishing a resulting trust or, alternatively, unjust enrichment?
British Columbia, Canada
The following excerpt is from D.L.M. v. R.E.G., 2004 BCSC 364 (CanLII):
The plaintiff’s claim is based upon a resulting trust or, alternatively, unjust enrichment. To establish an unjust enrichment the plaintiff must show: (a) an enrichment of the defendant, (b) a corresponding deprivation of the plaintiff, and (c) the absence of any juristic reason for the enrichment. In addition, the plaintiff must establish a causal connection between the deprivation and the enrichment and that she had a reasonable expectation of acquiring an interest in the property (Pettkus v. Becker, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834).
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