What is the test for making a constructive trust or a monetary award in a claim for unjust enrichment?
British Columbia, Canada
The following excerpt is from Van Kooten v. More, 2013 BCSC 1076 (CanLII):
Where the rights of third parties are not involved, the choice between a monetary award and a constructive trust will be discretionary and should be exercised flexibly. The decision as to which property (if there is more than one) should be made the subject of a constructive trust is also a discretionary one. It too should be based on common sense and a desire to achieve a fair result for both parties: Peters v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980. This case also includes the proposition that the provision of domestic services provided by a spouse can support a claim in unjust enrichment.
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