What is the material difference between a plaintiff's loss and enrichment?
Alberta, Canada
The following excerpt is from Dahlseide v Gallagher, 2017 ABQB 505 (CanLII):
Turning to the second element – a corresponding deprivation – the plaintiff's loss is material only if the defendant has gained a benefit or been enriched: Peel (Regional Municipality) v. Canada, 1992 CanLII 21 (SCC), [1992] 3 SCR 762 at pp 789-90. That is why the second requirement obligates the plaintiff to establish not simply that the defendant has been enriched, but also that the enrichment corresponds to a deprivation which the plaintiff has suffered: Pettkus v. Becker, at p 852.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the relevant and material material material record in the context of a claim? (Alberta, Canada)
What is the difference between expressing trust and constructing trust and unjust enrichment? (Alberta, Canada)
What is the difference between the respective fault of a contractor and a plaintiff who failed to wear a seat belt? (Alberta, Canada)
When can a plaintiff pursue cumulative remedies against two different defendants? (Alberta, Canada)
Can a court take any adjudicative notice of the fact that a plaintiff was born in a different country? (Alberta, Canada)
Can a plaintiff resort to resort to the less stringent material contribution test? (Alberta, Canada)
Does privilege protect material that is "prepared for litigation"? (Alberta, Canada)
Is a plaintiff's settlement agreement with other defendants relevant for disclosure purposes? (Alberta, Canada)
In what circumstances will a plaintiff be required to plan for her long-term care home? (Alberta, Canada)
What is the test for a plaintiff to succeed in a motion for sexual assault? (Alberta, Canada)
