What remedies are available to a plaintiff in her claim for unjust enrichment?
Ontario, Canada
The following excerpt is from Botcharova v. Kamstra, 2018 ONSC 7204 (CanLII):
Where unjust enrichment is established, the court may order either monetary or proprietary remedies. The most common proprietary remedy is a remedial constructive trust. Where the claimant can demonstrate a substantial and direct link between her or his contributions and the acquisition, preservation, maintenance or improvement of the property, a share of the property proportionate to the unjust enrichment can be impressed with a constructive trust in her or his favour: Kerr v. Beranow, at para. 50.
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