In what circumstances will the Supreme Court of Canada allow a plaintiff to seek damages for unjust enrichment?

British Columbia, Canada


The following excerpt is from Malazarte v. Agosti, 1996 CanLII 1314 (BC SC):

In Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980 at 988, McLachlin J. for the majority said: There is a tendency on the part of some to view the action for unjust enrichment as a device for doing whatever may seem fair between the parties. In the rush to substantive justice, the principles are sometimes forgotten. These are words which, in my view, must be kept in mind in the present case.

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