Supreme Court Refines Test for Unjust Enrichment Claims
Date:
March 1 2005
The Supreme Court of Canada recently delivered two decisions that refine the established three-part test for claims for unjust enrichment: Garland v. Consumers' Gas Co. and Pacific National Investments Ltd. v. Victoria (City). The court divided the analysis of the third element of the test - absence of a juristic reason - into two stages. The effect is to give judges greater discretion in how they decide individual cases involving claims for unjust enrichment.
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