In any claim for constructive trust involving a common law relationship the starting point is Pettkus v. Becker, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834, in which Dickson J., set out the three requirements needed to establish unjust enrichment, the principle lying at the heart of the constructive trust: an enrichment, a corresponding deprivation, and the absence of any juristic reason for the enrichment (at p. 848). At p. 852, he noted that there must be a link between the contribution that founds the action and the property in which the constructive trust is claimed.
"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.