What is the test for establishing a trust claim to assets in a common law relationship?
Ontario, Canada
The following excerpt is from Horzempa v. Horzempa, 2004 CanLII 50137 (ON SC):
In order to establish a trust claim to assets in a common law relationship, the law requires proof of three elements: (1) an enrichment; (2) a corresponding deprivation; and (3) absence of any juristic reason for the enrichment. Furthermore, in a situation where services rendered is the contribution alleged, there must be a link between the service and the property claimed in order to make it subject to the trust. (See Peter v. Belbow (1993) 1993 CanLII 126 (SCC), 1 S.C.R. 980.)
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