What is the test for unjust enrichment in a family case?

British Columbia, Canada


The following excerpt is from Perasso v. Perasso, 2011 BCSC 230 (CanLII):

The principles of unjust enrichment in the context of a family case are set out in Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980. The elements are set out by McLachlin J. (as she then was) at para. 3: 3 An action for unjust enrichment arises when three elements are satisfied: (1) an enrichment; (2) a corresponding deprivation; and (3) the absence of a juristic reason for the enrichment. These proven, the action is established and the right to claim relief made out.

The question of “absence of a juristic reason” was addressed as follows: 10 In every case, the fundamental concern is the legitimate expectation of the parties: Pettkus v. Becker, supra. In family cases, this concern may raise the following subsidiary questions: i) Did the plaintiff confer the benefit as a valid gift or in pursuance of a valid common law, equitable or statutory obligation which he or she owed to the defendant? ii) Did the plaintiff submit to, or compromise, the defendant's honest claim? ii) Does public policy support the enrichment?

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