What is the test for an order for constructive trust?
British Columbia, Canada
The following excerpt is from Roach v. Dutra, 2009 BCSC 229 (CanLII):
Where the court finds an unjust enrichment, before it makes an order for a constructive trust, it must be satisfied that monetary compensation would be an inadequate remedy, and that there is a link between the services rendered by the plaintiff and the property in which the trust is claimed: Peter v. Beblow at 997.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In the context of constructive trust, how have the courts in Canada treated constructive trusts? (British Columbia, Canada)
When the BCLRC recommended that the distinction between express and constructive trusts be abolished for limitation purposes, does the distinction take into account the remedial constructive trust? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
What is the legal test for a constructive trust or constructive trust remedy? (British Columbia, Canada)
What are the requirements for a constructive trust and a claim for the constructive trust? (British Columbia, Canada)
What is the test for finding a constructive trust in a claim for constructive trust? (British Columbia, Canada)
What is the test for awarding constructive trust or a constructive trust? (British Columbia, Canada)
When will a judge impose a constructive trust on a fiduciary trust? (British Columbia, Canada)
Can a constructive trust remedy be used against a property owner who has made a constructive contribution to the property? (British Columbia, Canada)
Does the operation of the title to defeat the claim of a resulting trust or constructive trust as against a third party? (British Columbia, Canada)
