What is the test for the equitable claim of unjust enrichment?

Ontario, Canada


The following excerpt is from Apotex Inc. v. Eli Lilly and Company, 2012 ONSC 3808 (CanLII):

The respondent's reliance on the equitable claim of unjust enrichment means that it must plead material facts in support of the three criteria for such a claim which are found in Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980, [1993] S.C.J. No. 36, at p. 987 S.C.R., namely, enrichment of the applicant, a corresponding deprivation of the respondent and the absence of a juristic reason for the enrichment.

Other Questions


What is the test of unjust enrichment in the context of a claim for unjust enrichment? (Ontario, Canada)
What is the test for an equitable claim of unjust enrichment? (Ontario, Canada)
What is the current state of the law in the context of a claim for unjust enrichment? (Ontario, Canada)
How has the Unjust enrichment Claim been treated in the Courts? (Ontario, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
What is the proper remedy for unjust enrichment in the context of a claim for constructive trust? (Ontario, Canada)
What are the elements of a claim for unjust enrichment? (Ontario, Canada)
Does the equitable doctrine of unjust enrichment apply when there is a contact binding on the parties to the collective agreement? (Ontario, Canada)
Does the limitation period apply to the unjust enrichment claim? (Ontario, Canada)
What remedies are available to a plaintiff in her claim for unjust enrichment? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.