What is the test for adding a constructive trust claim?
Ontario, Canada
The following excerpt is from Davies v. White, 2012 ONSC 6298 (CanLII):
As to the adding of a claim I note that to make out a constructive trust, three elements are necessary. As set out in Kerr v. Baranow,[3] at paragraph 32, “Canadian law... permits recovery whenever the plaintiff can establish three elements: an enrichment of or benefit to the defendant, a corresponding deprivation of the plaintiff, and the absence of a juristic reason for the enrichment”.
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