Can a party who contributed more than his or her proportionate contribution to a joint account that was set aside for the purposes of calculating the difference between their contributions to the joint account?
British Columbia, Canada
The following excerpt is from Schloegl v. Schloegl, 2014 BCSC 2458 (CanLII):
The parties in this case each dispute the amounts that were contributed by the other. However, if it is found that a party has removed more than his or her proportionate contribution from the joint account, then he or she will hold the removed monies on constructive trust for the other party if there has been unjust enrichment. There is unjust enrichment where one party has benefited and the other party has suffered a corresponding deprivation and there is no juristic reason for that benefit: Kerr v. Baranow, 2011 SCC 10 at para. 32.
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