What is the test for unjust enrichment and constructive trust?
British Columbia, Canada
The following excerpt is from Rana v. Nagra, 2011 BCCA 392 (CanLII):
The law is clear that the following three elements are required to be proven in order to sustain a claim of unjust enrichment giving rise to the remedy of a constructive trust: (a) an enrichment; (b) a corresponding deprivation; and (c) an absence of a juristic reason for the enrichment. See Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980, 101 D.L.R. (4th) 621.
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