What is the test for unjust enrichment in the context of Rule 221?

Alberta, Canada


The following excerpt is from Baytex Energy Ltd. v. Enron Canada Corp., 2002 ABQB 1087 (CanLII):

The Rule 221 issues also include the question of unjust enrichment. In analysing the three factors of an enrichment, a corresponding deprivation and the absence of any juristic reason for the enrichment (Sorochan v. Sorochan, 1986 CanLII 23 (SCC), [1986] 2 S.C.R.38 ), the court will be looking in part to the same evidence of loss and gain that will arise in remaining issues such as damages. Further, the unjust enrichment analysis will require an examination of the market conditions at least as at the point of the termination of the contracts. This same inquiry will be needed in the remaining issue of the good faith of the Applicants in terminating the contracts at a time when the market offered them a superior return.

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