Can a claim for unjust enrichment and entitlement to the remedy of constructive trust be rebutted under s. 23 of the Land Title Act?
British Columbia, Canada
The following excerpt is from Hilborn v. Wright, 2013 BCSC 928 (CanLII):
The statutory presumption under s. 23 of the Land Title Act can also be rebutted by establishing a claim for unjust enrichment and an entitlement to the remedy of a constructive trust: Sandhu v. Sandhu, 2011 BCSC 294 at para. 201.
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