By William E. McNally and Bottom Line Research and Communications

The Supreme Court of Canada has recently taken the opportunity of reviewing the law regarding unjust enrichment in Garland v. Consumers’ Gas Co., and has reaffirmed and elucidated several principles.

As confirmed by Iacobucci J.:

"As a general matter, the test for unjust enrichment is well established in Canada.
The cause of action has three elements: (1) an enrichment of the defendant; (2) a
corresponding deprivation of the plaintiff; and (3) an absence of juristic reason for
the enrichment ..."

Thus, for recovery to lie, something must have been given, whether goods, services or money. The thing which is given must have been received and retained by the defendant, and the retention must be without juristic justification.

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