What is the test for creating a constructive trust to collect equalization payments?
Ontario, Canada
The following excerpt is from Lipinska v. Lipinski, 2011 ONSC 653 (CanLII):
There is little question that, if unable to collect on the equalization payments, the respondent will have unjustly enriched himself at the applicant’s expense. Thus, the first two requirements for the creation of a constructive trust are met as described in Peter v. Beblow, (1993), 1993 CanLII 126 (SCC), 44 R.F.L. (3d) 329 (S.C.C.). However, the applicant’s argument founders on the additional requirement to demonstrate that there is no juristic reason for the inequitable results.
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