What is the appropriate remedy for a claim for unjust enrichment in the context of a constructive trust?

Ontario, Canada


The following excerpt is from Anderson v. Dudek, 2011 ONSC 4937 (CanLII):

The appropriate remedy for this conclusion is more difficult. Kerr v. Baranow, supra, at paragraph 7, is clear that a monetary remedy is appropriate and preferred to a constructive trust: … In my view, where both parties have worked together for the common good, with each making extensive, but different, contributions to the welfare of the other and, as a result, have accumulated assets, the money remedy for unjust enrichment should reflect that reality. The money remedy in those circumstances should not be based on a minute totting up of the give and take of daily domestic life, but rather should treat the claimant as a co-venturer, not as the hired help.

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