Is imposition of a constructive trust a remedy for unjust enrichment?
British Columbia, Canada
The following excerpt is from Lamoureaux v. Kalyk, 2009 BCSC 584 (CanLII):
The imposition of a constructive trust is a remedy for unjust enrichment. The elements giving rise to a constructive trust based on unjust enrichment are set out in Peter v. Beblow 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980, S.C.J. No. 36, at para 3: 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.
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