What is the test for unjust enrichment in the context of constructive trust?
British Columbia, Canada
The following excerpt is from Leclair v. Leclair Estate, 1998 CanLII 4805 (BC CA):
In Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980, McLachlin J. writing for the majority said, at p. 987: . . . Canadian courts have adopted the equitable concept of unjust enrichment inter alia as the basis for remedying the injustice that occurs where one person makes a substantial contribution to the property of another person without compensation. And at p. 988: On the remedies side, the requirements of the special proprietary remedy of constructive trust are sometimes minimized . . . . Occasionally the remedial notion of constructive trust is even conflated with unjust enrichment itself, as though where one is found the other must follow.
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