Can a common law relationship result in unjust enrichment of the beneficiary of the domestic service?
Alberta, Canada
The following excerpt is from Shunamon v. Diegel, 2008 ABQB 291 (CanLII):
In Wright-Watts v. Watts, 2005 ABQB 708, McMahon J. described unjust enrichment in a common law relationship in this way at para. 9: In the context of a common law relationship, the provision of uncompensated labour in the form of domestic service can constitute an enrichment of the beneficiary of those domestic services. The provision of uncompensated labour may constitute a corresponding deprivation to the provider of that labour. The mere fact of the common law relationship does not constitute a juristic reason for the enrichment. Thus, all three elements can be present in the context of common law relationship.
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