What is the test for unjust enrichment in a constructive trust?
Ontario, Canada
The following excerpt is from Richardson Estate (Re), 2008 CanLII 63218 (ON SC):
It was noted in Pettkus v. Becker that the principle of unjust enrichment lies at the heart of a constructive trust. It is not enough that there be an enrichment of one party -- the enrichment must be "unjust". If the enrichment is the result of a contractual, statutory or other legal obligation -- if there is a juristic reason for it -- then it is not appropriate to grant restitutionary relief, at least on principles of unjust enrichment.
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