Does the trial judge apply the correct legal principles relating to unjust enrichment and constructive trust?

Ontario, Canada


The following excerpt is from Parnell v. Viger, 2005 CanLII 8665 (ON CA):

We disagree. The trial judge applied the correct legal principles relating to unjust enrichment and constructive trusts as set out in the case law, especially Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980. Moreover, in our view, his application of these principles to the factual context of the parties’ 13‑year relationship is entirely supportable. Indeed, the trial judge was particularly careful in his analysis of the various items of contested property, and demonstrated convincingly the respondent’s direct and indirect contributions to those properties, which grounded her claim for compensation.

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