What is the test for a constructive trust or resulting trust?
Ontario, Canada
The following excerpt is from Moran v. Cunningham, 2009 CanLII 74726 (ON SC):
The Arbitrator carefully reviewed the case law with respect to how the courts have determined when and why a constructive trust or resulting trust may apply, and in particular, the principles applied in Pettkus v. Becker (1980), 1980 CanLII 22 (SCC), 19 R.F.L (2d) 165 (S.C.C.). He found, in paragraph 165 that the Respondent’s contributions, “…ought to be recognized in terms of an equity interest in the home.” It was open to the Arbitrator to come to this conclusion based on the evidence before him.
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