What is the test for an argument that services provided by the wife to the stepmother constitute "unjust enrichment"?
British Columbia, Canada
The following excerpt is from Clarkson v. McCrossen, 1995 CanLII 737 (BC CA):
85 To the same effect, see the comments of Dickson J. in Sorochan v. Sorochan, 1986 CanLII 23 (SCC), [1986] 2 S.C.R. 38 at 46, and of McLachlin J. in Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980 at 990, where she identified, and later dismissed, the argument that services rendered in the role of wife and stepmother could not give rise to a claim in unjust enrichment because they arise from natural love and affection. She further said: It is at this stage [absence of juristic reasons for enrichment] that the court must consider whether the enrichment and detriment, morally neutral in themselves, are "unjust".
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a common law partner who provides housekeeping and child care services for the other spouse claim unjust enrichment? (British Columbia, Canada)
Is a service provider required to disclose the name and location of a residential home and the name of the service provider? (British Columbia, Canada)
Is a successful party entitled to interest on a disbursement of funds from a service provided by the provider of the service? (British Columbia, Canada)
Does the fact that the respondent did not expect the respondent to pay for the domestic services provided by the Respondent have any impact on an unjust enrichment claim? (British Columbia, Canada)
What are some examples of unjust enrichment where a court found unjust enrichment when a plaintiff removed her elderly mother from Canada to live with her in Guatemala? (British Columbia, Canada)
Can domestic services be ground to a claim for unjust enrichment? (British Columbia, Canada)
What is the test for unjust enrichment in the context of unpaid domestic services? (British Columbia, Canada)
Can the remedy of unjust enrichment be used to displace the statutory doctrine of unlawful enrichment? (British Columbia, Canada)
What is the test for considering unjust enrichment in the context of a claim for equitable enrichment? (British Columbia, Canada)
What is the economic value of providing services provided by a member of one family to the other family? (British Columbia, Canada)
