Unjust enrichment is a legal doctrine that can apply in Ontario construction law in certain circumstances. Essentially, it refers to situations where one party has been enriched at the expense of another party, and it would be unfair or unjust to allow the enriched party to retain the benefit of that enrichment without compensating the other party.
In the context of Ontario construction law, unjust enrichment can arise when one party, such as a contractor or subcontractor, has provided goods or services to another party, such as an owner or developer, and has not been paid for those goods or services. In such a situation, the unpaid party may be able to make a claim for unjust enrichment to seek compensation for the value of the goods or services provided.
To establish a claim for unjust enrichment in Ontario, the unpaid party must show that there has been an enrichment, a corresponding deprivation or loss, and the absence of a juristic reason for the enrichment. In the context of construction law, this might mean showing that the contractor or subcontractor provided valuable goods or services to the owner or developer, that the contractor or subcontractor suffered a loss or deprivation as a result of not being paid, and that there was no valid legal reason for the owner or developer to withhold payment.
Unjust enrichment is a complex legal doctrine that requires careful analysis of the facts and circumstances of each case. If you believe you may have a claim for unjust enrichment in the context of Ontario construction law, it is recommended that you consult with a qualified construction law lawyer to assess your options and determine the best course of action. If you have any questions for our Toronto construction lawyers, please contact us at info@falconlawyers.ca or 1-877-892-7778.
