What are the elements of a constructive trust?

British Columbia, Canada


The following excerpt is from Henderson v. Scarborough, 1999 CanLII 6594 (BC SC):

In Peter v. Beblow, [1993] 1 S.C.R. McLachlin J. set out the elements of a constructive trust at p. 984: The basic notions are simple enough. An action for unjust enrichment arises when three elements are satisfied: (1) an enrichment; (2) a corresponding deprivation; and (3) the absence of a juristic reason for the enrichment. These proven, the action is established and the right to claim relief made out. At this point, a second doctrinal concern arises: the nature of the remedy.... the remedy of constructive trust arises, where monetary damages are inadequate and where there is a link between the contribution that founds the action and the property in which the constructive trust is claimed.

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