Can a constructive trust or unjust enrichment be maintained?
Alberta, Canada
The following excerpt is from Man-Shield (Alta.) Construction Inc. v. 1117398 Alberta Ltd., 2007 ABQB 603 (CanLII):
A constructive trust arises when there has been unjust enrichment and the “law is of the view that one person ought to surrender or hold property for the benefit of another”. See: Lupul v. Carlson 2005 ABQB 418. An unjust enrichment exists if there has been an enrichment; a corresponding deprivation; and no juristic reason for the enrichment. The entitlement to a constructive trust then arises if monetary damages are inadequate and there is a connection between the contribution that founded the action and the property in which the constructive trust is claimed. Can a claim for unjust enrichment be maintained?
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