What is the test for enrichment and deprivation in a personal injury case?

British Columbia, Canada


The following excerpt is from Watt v. Copeland, 2009 BCSC 1485 (CanLII):

As I read the authorities, in order to prove the essential elements of enrichment and deprivation in this case, the defendant must establish two things. First, it must be shown that she made significant financial contributions to the acquisition and maintenance of the property and to the other living expenses of the plaintiff. Second, it must be shown that the financial benefits that she thereby conferred on the plaintiff were substantially greater than the financial benefits conferred on her by the plaintiff. (This second factor may also be considered in deciding whether the third branch of the test has been met. See Thomas v. Fenton 2006 BCCA 299.)

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