Can a constructive trust be used to determine that one spouse benefited at the expense of the other spouse?

Alberta, Canada


The following excerpt is from Brown v. Royal Bank of Canada, 1984 CanLII 1171 (AB QB):

Pettkus v. Becker, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834, 19 R.F.L. (2d) 165, 8 E.T.R. 143, 117 D.L.R. (3d) 257, 34 N.R. 384, was a case involving a 19 year common law relationship and the issue before the court was whether women are entitled to a portion of the property and assets held exclusively in a man’s name. Laskin C.J.C. stated at p. 835: The constructive trust could be applied in this case. The requirements needed to establish unjust enrichment, the principle lying at the heart of the constructive trust, were: an enrichment, a corresponding deprivation and the absence of any juristic reason for the enrichment. It was necessary not only to determine that one spouse had benefited at the expense of the other and order restitution but also to consider the retention of the benefit to be unjust in the circumstances of the case.

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