What is the test for determining the value of a claim in constructive trust?
British Columbia, Canada
The following excerpt is from Babcock v. Meyrink, 2012 BCSC 1289 (CanLII):
In the case at bar, the respondent is claiming in constructive trust. As the Property no longer exists, the respondent is entitled to equitable damages in lieu thereof. In Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980, McLachlin J., as she then was, stated (at 999-1000): The value of that trust is to be determined on the basis of the actual value of the matrimonial property - the “value survived” approach. It reflects the court’s best estimate of what is fair having regard to the contribution which the claimant’s services have made to the value surviving, bearing in mind the practical difficulty of calculating with mathematical precision the value of particular contributions to the family property.
On the value survived approach, there is no requirement to determine the precise value of the services and other benefits received by the enriched party. See Wilson v. Fotsch, 2010 BCCA 226 (at paras. 60-61):
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