What is the test for unjust enrichment in a trust claim?
Ontario, Canada
The following excerpt is from Knight v. Knight, 2018 ONSC 4027 (CanLII):
The essence of each party’s trust claim is unjust enrichment, the restoring of a conferred benefit whose retention by another cannot be reasonably justified in law or equity. As articulated in Kerr v. Baranow[2] there are three elements to an unjust enrichment claim: (a) an enrichment; (b) a deprivation; (c) the absence of a juristic reason for the enrichment.
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