What is the test for unjust enrichment in a commercial contract?
British Columbia, Canada
The following excerpt is from Re: Vince Insurance Trust, 2016 BCSC 1992 (CanLII):
Unjust enrichment has three elements: the enrichment of one party; the corresponding deprivation of the other party; and the absence of a juristic reason for the enrichment: Garland v. Consumers' Gas Co., 2004 SCC 25 para. 30. It is well established that a contract is a juristic reason for an enrichment: Garland at para. 44.
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