What is the test for a constructive trust under the Limitation Act?
British Columbia, Canada
The following excerpt is from Sun-Rype Products Ltd. v. Archer Daniels Midland Company, 2007 BCSC 640 (CanLII):
The plaintiffs rely on Dobie v. Dobie Estate (1995), 8 E.T.R. (2d) 223 (B.C.S.C.). That case concerned an action by a plaintiff for unjust enrichment. The plaintiff requested that the court impose a constructive trust as a remedy. Coultas J. held that the Limitation Act does not distinguish between express, implied and constructive trusts (at para. 23), and that a ten-year limitation applied to the plaintiff’s claim (at para. 46).
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