What remedies are available to a plaintiff upon a finding of unjust enrichment?

British Columbia, Canada


The following excerpt is from Barnaby v. Petersen, 1996 CanLII 2049 (BC SC):

72 Two remedies are available to a plaintiff upon a finding of unjust enrichment. The first is an award in the monetary sense on the basis of services rendered. The second, under a constructive trust, is an award of an interest in property benefitted. The purpose of the constructive trust is to compensate for unjust enrichment in appropriate cases. However to establish the constructive trust a plaintiff must establish a "direct link to the property which is the subject of the trust by reason of the plaintiff's contribution". (See McLachlin J. in Peter v. Beblow, supra, at 649.)

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