Is a constructive trust an appropriate remedy in an action for damages?
Alberta, Canada
The following excerpt is from Maximum Financial Services Inc v 1144517 Alberta Ltd, 2015 ABQB 646 (CanLII):
Maximum submits that, while damages are the preferred remedy, an alternative remedy is a constructive trust. Such a remedy is not appropriate in these circumstances since a constructive trust is only available where monetary damages are inadequate and where there is a link between a contribution that founds the action and the property in which the constructive trust is claimed: Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 SCR 980. There is no such contribution in this case.
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