What is the test for a constructive trust claim in a foreign immoveable property?
Ontario, Canada
The following excerpt is from Johnston v. Adam, 2011 ONSC 3808 (CanLII):
The mother claims that a local court has no jurisdiction to entertain proceedings to determine the title or interest in a foreign immoveable. Accordingly, she argues that this court has no jurisdiction to recognize a constructive trust claim in property situated in the Province of Québec. She cites The British South Africa Company v. The Companhia de Mocambique et al, [1893] A.C. 602, as applied in Duke v. Andler, 1932 CanLII 32 (SCC), [1932] S.C.R. 734.
"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 is constructive trust and what is the test for constructive trust? (Ontario, Canada)
What is the effect of providing housekeeping and childcare services to a spouse in a constructive trust claim? (Ontario, Canada)
Is a marriage breakdown required for a constructive trust claim? (Ontario, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
What is the test for a court to determine whether a party to a claim against a property is entitled to sue the property owner? (Ontario, Canada)
Does an alternate partially successful claim for compensation against his aunt 11 months after the date of a subsequent acknowledged liability of that subsequently acknowledged liability in a claim for damages arising out of a property valuation? (Ontario, Canada)
What is the proper remedy for unjust enrichment in the context of a claim for constructive trust? (Ontario, Canada)
When will a motion judge apply the same law to a property related claim and a support claim? (Ontario, Canada)
