What is the test for a declaration of constructive trust?
British Columbia, Canada
The following excerpt is from Golden Capital Sec. Ltd. v. Holmes, 2003 BCSC 1265 (CanLII):
This claim is based on Soulos v. Korkontzilas, 1997 CanLII 346 (SCC), [1997] 2 S.C.R. 217 which held that a defendant obtaining real property through a wrongful act may be subject to a declaration of constructive trust even if the defendant has not been unjustly enriched.
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