What is the appropriate award for a claim of unjust enrichment?
Saskatchewan, Canada
The following excerpt is from Semchyshen v Semchyshen, 2013 SKQB 206 (CanLII):
In the Kerr v. Baranow case, the court indicated that an appropriate award in respect to a claim of unjust enrichment is a monetary award unless a monetary award would be inappropriate or insufficient in which case the court could impose a constructive trust. I am satisfied in the circumstances of this case that a monetary award is appropriate as the amount of the unjust enrichment can be calculated by reference to the rollover agreement itself and there is no suggestion that a monetary award would not be recoverable from the defendants.
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