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).

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