Is a constructive trust an appropriate remedy in an action for damages arising out of a loss of income from a contribution made to a pension scheme?
British Columbia, Canada
The following excerpt is from Tracy v. Instaloans Financial Solutions Centres (B.C.) Ltd., 2009 BCSC 1036 (CanLII):
Where monetary damages are inadequate and where there is a link between the contribution that founds the action and the property in which the constructive trust is claimed, a constructive trust is an appropriate remedy: Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980 at 988, 101 D.L.R. (4th) 621.
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