What is the test for constructive trust analysis in a common law marital relationship?

Alberta, Canada


The following excerpt is from Herman v. Smith, 1984 CanLII 1238 (AB QB):

The Court: This is an action brought by the plaintiff for compensation arising from a common law marital relationship that existed for a period of some years between her and the defendant. The statement of claim sets forth five separate prayers for relief, but, in essence, what the plaintiff is seeking is compensation on the basis of the Becker v. Pettkus, 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 line of cases for the period of time during which she states that she had a common law relationship with the defendant. The defence position, in essence, is that the nature of the relationship between the plaintiff and defendant does not reach the stage where the classification of the constructive trust analysis in that line of cases is applicable.

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