What is the remedy for unjust enrichment?

Alberta, Canada


The following excerpt is from Mustard v. Brache, 2006 ABCA 265 (CanLII):

The remedy for unjust enrichment may be a monetary award. However, depending upon the equities and the fact-specific circumstances of the case, a constructive trust may be imposed. In that event, even though declared after the date of separation of the parties, a constructive trust can be deemed to have arisen when the duty to make restitution arose. The property, or share thereof, will therefore be considered to be owned by the beneficiary at the time of separation: Rawluk v. Rawluk, 1990 CanLII 152 (SCC), [1990] 1 S.C.R. 70, at para. 42.

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