What is the test for a constructive trust claim in a separation action?
British Columbia, Canada
The following excerpt is from G.C.G. v. M.J.T., 2016 BCSC 1277 (CanLII):
The claimant has a strong case for a constructive trust. As the court explained in Kerr v. Baranow, 2011 SCC 10 [Kerr], since the decision in Pettkus v. Becker, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834, the law of unjust enrichment has provided a much less artificial, more comprehensive, and more principled basis on which to address claims for the distribution of assets on the breakdown of domestic relationships. Recovery is now permitted whenever a plaintiff can establish three elements: an enrichment of the defendant by the plaintiff, a corresponding deprivation of the plaintiff, and the absence of a juristic reason for the enrichment.
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