What is the test for unjust enrichment in the context of a broken-up relationship?
Nova Scotia, Canada
The following excerpt is from Jackson Estate v. Young, 2020 NSSC 5 (CanLII):
Unjust enrichment remains the primary vehicle to address claims of inequitable distribution of assets when a domestic relationship ends, whether due to relationship breakdown or death. A claim in unjust enrichment has three elements: (1) An enrichment of the defendant; (2) A corresponding deprivation of the plaintiff; and (3) An absence of juristic reason for the enrichment. [Garland v. Consumers’ Gas Co., 2004 SCC 25, [2004] 1 S.C.R. 629, at para. 30]
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