Is there a constructive trust or does the husband's testimony that he was the real owner of the unit?
Ontario, Canada
The following excerpt is from Lamantia v. Solarino, 2010 ONSC 2927 (CanLII):
Simply put, I do not believe the husband’s testimony that he was the real owner of the unit. Further, there is no need to impose a constructive trust because there is no need to prevent unjust enrichment. (See: Sorochan v. Sorochan (1986), 1986 CanLII 23 (SCC), 2 R.F.L. (3d) 225 (S.C.C.).)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the remedy of constructive trust available to a plaintiff in a constructive trust action? (Ontario, Canada)
Is a resulting or constructive trust not a constructive trust? (Ontario, Canada)
What are the circumstances in which a husband has a constructive trust claim against his wife for the value of the husband's pension accumulated over the pre-marital period? (Ontario, Canada)
What is constructive trust and what is the test for constructive trust? (Ontario, Canada)
What is the test for terminating a trust where the sole beneficiary of the trust is not entitled to terminate the trust? (Ontario, Canada)
What is the test for a constructive trust or resulting trust? (Ontario, Canada)
What are the circumstances in which a husband claims a constructive trust in his pension for a wife who has done the majority of the childcare and household chores during the period of co-habitation and marriage? (Ontario, Canada)
Is a condominium unit owner liable for the cost of repair costs incurred by the condominium corporation as a result of poor maintenance of the fixtures in the unit? (Ontario, Canada)
Does the term owner include the registered owner and the actual owner? (Ontario, Canada)
When a husband ceases to work when he could be working, when the wife's income is limited by the husband's lack of income, is that husband's absence of work not a bar to a support order? (Ontario, Canada)
