What is the remedy of constructive trust available to a plaintiff in a constructive trust action?

Ontario, Canada


The following excerpt is from Cusimano v. D.A.D. Construction Inc., 2011 ONSC 5707 (CanLII):

If the plaintiff can establish unjust enrichment, the remedy of constructive trust may be available if the plaintiff can establish that (i) a monetary award is inadequate; and (ii) there is a link between the plaintiff’s contribution and the property in which the constructive trust is claimed (Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980). Requirement for knowledge

The classic unjust enrichment case involves common-law spouses: the defendant spouse receives housekeeping and child-care services from the plaintiff spouse without having to pay compensation (the enrichment); the plaintiff provides housekeeping and child-care services without compensation (the corresponding deprivation); and there is no juristic reason for the enrichment (Peter v. Beblow).

Other Questions


Does a constructive trust invoked by the wife in a separate civil action against the husband be considered a remedy of constructive trust? (Manitoba, Canada)
Is a constructive trust an appropriate remedy in an action for damages arising out of a loss of income from a contribution made to a pension scheme? (British Columbia, Canada)
Is a constructive trust an appropriate remedy in an action for damages? (Alberta, Canada)
Does the fact a plaintiff is entitled to a remedy for unjust enrichment do not necessarily mean there will be a finding of constructive trust? (British Columbia, Canada)
What is the legal test for a constructive trust or constructive trust remedy? (British Columbia, Canada)
Is a declaratory remedy available without a cause of action available? (Newfoundland and Labrador, Canada)
Can a constructive trust remedy be used against a property owner who has made a constructive contribution to the property? (British Columbia, Canada)
Can a learned trial judge order that a constructive trust action be used in a divorce action? (Alberta, Canada)
What is the difference between a plaintiff’s in rem action for a declaration of invalidity arising from s. 52 of the Constitution Act, 1982, and a personal remedy arising from the same remedy? (Ontario, Canada)
What is a constructive trust in a personal injury action? (British Columbia, Canada)