What is the test for awarding constructive trust or a constructive trust?
British Columbia, Canada
The following excerpt is from Sandberg v. Granger, 1996 CanLII 551 (BC SC):
The principles to be applied are those set out in Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980, namely: 1. Was there an unjust enrichment, that is was one party enriched by the other, was there a corresponding deprivation and, finally, was there an absence of juristic reason for the conferring of the benefit? 2. If there was unjust enrichment should it be remedied by means of a monetary award or the imposition of a constructive trust?
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