Can a constructive trust be claimed for a portion of the proceeds of sale of a property?
British Columbia, Canada
The following excerpt is from Wood v. Nolte, 2011 BCSC 692 (CanLII):
Peter v. Beblow dealt more with the remedy to be applied where the court found an enrichment, a corresponding deprivation and the absence of any juristic reason for the enrichment. The court noted a monetary remedy was available to compensate the plaintiff for the value of services provided, but where a monetary award was deemed inadequate and there was a link between the contribution and the property, a constructive trust could be claimed. In Pettkus v. Becker at p. 852 Dickson J. said a right to property can be recognized where there is a “contribution [to the property] sufficiently substantial and direct as to entitle [the plaintiff] to a portion of the profits realized upon the sale of [the property]”.
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