Unjust Enrichment Claims

Unjust enrichment occurs when one party unfairly benefits at the expense of another without a legal justification. The law of unjust enrichment prevents one party from unjustly profiting at the expense of another.

Unlike contractual or tort claims, unjust enrichment is a distinct cause of action in Alberta. It arises when one party receives a benefit, the other party suffers a corresponding loss, and there is no juristic reason for the enrichment.

The key elements of an unjust enrichment claim are:

1. The defendant has received a benefit, such as money, property, or services.
2. The plaintiff has suffered a corresponding loss.
3. There is no juristic reason (lawful justification) for the enrichment.

Process for Making an Unjust Enrichment Claim

To initiate an unjust enrichment claim, a plaintiff must file a statement of claim with the court, outlining the claim’s nature, supporting facts, and the relief sought. The defendant can then respond with a statement of defense.

The parties engage in discovery, where they exchange relevant documents and information. If unresolved, the case proceeds to trial, where the court determines whether unjust enrichment occurred and what remedies are appropriate.

Defenses Against Unjust Enrichment Claims

A defendant can raise several defenses to an unjust enrichment claim, including:

1. Existence of a contract: If a contract governs the transaction, the court may find a juristic reason for the enrichment, defeating the claim.
2. Consent: If the plaintiff voluntarily conferred the benefit, the defendant may argue that retaining the benefit is not unjust.
3. Earned benefit: If the defendant provided valuable services or goods in return, this may serve as a juristic reason for the enrichment.

Remedies for Unjust Enrichment

If unjust enrichment is established, the court may order various remedies, including:

1. Restitution – The defendant must return the unjustly received benefit, either in money, property, or services.
2. Constructive trust – The court may impose a trust over property unjustly received by the defendant, particularly when the property has increased in value.

Legal Guidance

Unjust enrichment claims in Alberta are complex and fact-specific. Legal advice is recommended to understand rights and obligations. The law of unjust enrichment is a flexible tool designed to prevent unfairness and ensure just outcomes in a wide range of circumstances.

Contact our legal experts at info@lawsnbeyond.com for more information.

Frequently Asked Questions about Divorce

Please reach us at info@lawsnbeyond.com if you cannot find an answer to your question.

How do I file an unjust enrichment claim in Alberta?

A plaintiff must file a statement of claim with the court, detailing the nature of the claim, supporting facts, and the relief sought.

What if there was a contract between the parties?

If a contract exists governing the transaction, the court may find a juristic reason for the enrichment, causing the unjust enrichment claim to fail.

What remedies are available for unjust enrichment?

The court may order restitution, constructive trust, or other equitable remedies to prevent unjust enrichment.

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