What are the elements of a constructive trust claim?
British Columbia, Canada
The following excerpt is from Neil John Verrault v. Myrna Verrault, 2004 BCSC 403 (CanLII):
The plaintiff does not allege monitory contribution to the business. Further, there were no express promises of an interest in neither the company nor other circumstances that might lead to a declaration of a resulting trust. The plaintiff’s claim is for a constructive trust and depends on a finding of unjust enrichment. The three elements of unjust enrichment are an enrichment, corresponding deprivation, and the absence of any juristic reason for the enrichment. Pettkus v. Becker 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834.
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