What is the test for constructive trust in a pension dispute?

Alberta, Canada


The following excerpt is from Coghill v. Michalko, 2010 ABQB 59 (CanLII):

The parties have effected a distribution of most of the assets, but the pension remains in dispute. As noted above, unjust enrichment will only give rise to a constructive trust in limited circumstances. In order to determine whether it is appropriate to impose a constructive trust in this situation, two issues must be addressed. First, there must be a connection between the contributions and the acquisition, accumulation, or preservation of the asset. Domestic work may constitute the necessary link: Peter v. Beblow, supra.

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