What is the test for the establishment of a constructive trust?
British Columbia, Canada
The following excerpt is from Barnaby v. Petersen, 1996 CanLII 2049 (BC SC):
61 The test for the establishment of a constructive trust is that set forth in Sorochan v. Sorochan, 1986 CanLII 23 (SCC), [1986] 2 S.C.R. 38. In order to establish such a trust the plaintiff must prove (1) an enrichment of the defendant, (2) a corresponding deprivation of the plaintiff, and (3) the absence of any juristic reason for the enrichment.
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