What is the law in Canada relative to unjust enrichment?

New Brunswick, Canada


The following excerpt is from Elliott v. Trane Canada Inc., 2008 NBQB 79 (CanLII):

The law in Canada relative to unjust enrichment was aptly summarized by Justice McLachlin, as she then was, in Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980 at para. 3 where she identified three elements necessary to establish a claim for unjust enrichment – an enrichment, a corresponding deprivation and the absence of any juristic reason for the enrichment.

Other Questions


What is the test for equitable use of the equitable doctrine of unjust enrichment? (New Brunswick, Canada)
Is there any defence of passing on the costs of an action for unjust enrichment? (New Brunswick, Canada)
In what circumstances will the Supreme Court of Canada strike down a contract where the contract states that the contract does not contain a clause requiring full payment? (New Brunswick, Canada)
What is the seminal case in Canada for injunctive relief? (New Brunswick, Canada)
What is the current state of the law in Canada regarding the duty of care of a person of ordinary fortitude under the Vanek Act? (New Brunswick, Canada)
What is the purpose and obligation of the Court of Arbitration for Human Rights in Canada to return a child who has been wrongfully removed or retained to the country of habitual residence? (New Brunswick, Canada)
What is the proper venue for a personal injury proceeding in Canada? (New Brunswick, Canada)
Is a no fault benefit order related to Section B indemnity payments applicable to the tort award or damages? (New Brunswick, Canada)
Is an executor's primary duty to enforce the wishes of the testator? (New Brunswick, Canada)
What is the history of intentional economic tort? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.