What is the proprietary remedy of a constructive trust in a family law case?

Ontario, Canada


The following excerpt is from Kincl v. Malkova, 2005 CanLII 25184 (ON SC):

…McLachlin J. plainly stated in Peter v. Beblow that the first choice remedy for unjust enrichment is a monetary reward. The proprietary remedy of a constructive trust is limited to those cases where a monetary award is inadequate. McLachlin J. dealt directly with this issue in Peter v. Beblow at pp. 333-34 in this way: Where a monetary award is sufficient, there is no need for a constructive trust. Where a monetary award is insufficient in a family situation, this is usually related to the fact that the claimant’s efforts have given him or her a special link to the property, in which case a constructive trust arises.

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