What is the test for equitable use of the equitable doctrine of unjust enrichment?
New Brunswick, Canada
The following excerpt is from S.M. v. R.S., 2003 NBCA 6 (CanLII):
In Peter v. Beblow, McLachlin J. lays to rest the argument that, because the legislature has chosen to exclude unmarried couples from the right to claim an interest in the matrimonial assets on the basis of contribution to the relationship, the court should not use the equitable doctrine of unjust enrichment to remedy the situation. To the contrary it should be used where an injustice arises without a legal remedy.
"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
Is there any defence of passing on the costs of an action for unjust enrichment? (New Brunswick, Canada)
What is the law in Canada relative to unjust enrichment? (New Brunswick, Canada)
What is the current state of the common law when it comes to the interpretation of the doctrine of assumpsit? (New Brunswick, Canada)
What is the common law common law or equitable principle of estoppel? (New Brunswick, Canada)
What are the implications of the doctrine of judicial comity and the presumption against retrospectivity? (New Brunswick, Canada)
What is the test for a full or partial remission of arrears in a disability case? (New Brunswick, Canada)
What is the test for "intentionally" disentitled to be considered to be a contributory factor in determining whether a payer intentionally avoided paying child support obligations? (New Brunswick, Canada)
What is the test for admitting liability in a motor vehicle accident? (New Brunswick, Canada)
What is the duty of an occupier to an invitee? (New Brunswick, Canada)
What is the test for submitting or attorning to a foreign court? (New Brunswick, Canada)
