Is there any case law where a constructive trust has been ordered in a domestic situation?

Ontario, Canada


The following excerpt is from Consulate Ventures Inc. v. Amico Contracting & Engineering (1992) Inc. et al., 2010 ONSC 2667 (CanLII):

In Peter v. Beblow 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980, in which a constructive trust was ordered in a domestic situation, the majority in discussing the valuation principles involved distinguished the “value survived” approach, in which regard should be had to the amount by which the property in question has been improved, from the “value received” approach, which looks to the value of the services which the claimant has rendered. McLachlin J. (as she then was) stated that for a monetary award, the “value received” approach is appropriate and the value conferred on the property is irrelevant.

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