This paper explores the unique challenges for those in the position of defending an unjust enrichment claim in Alberta. It outlines the test for unjust enrichment set out in Kerr v. Baranow, and discusses the tests involved in applying those principles and defending a case relying on them. The authors flag issues for defending counsel like preliminary considerations, the definition of “joint family venture”, the fact that the law surrounding unjust enrichment is subject to judicial discretion and the efficacy of negotiating settlement of these claims.

This paper was presented at LESA’s Constructive Trust Claims program held in January, 2014.