What is constructive trust and what is the test for constructive trust?
Ontario, Canada
The following excerpt is from Harris v. Malekzadeh, 2022 ONSC 1826 (CanLII):
A constructive trust is an equitable remedy that may be appropriate where there has been unjust enrichment. Unjust enrichment arises where the following elements are satisfied: (i) an enrichment, (ii) a corresponding deprivation, and (iii) the absence of a juristic reason for the enrichment: Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] S.C.J. No. 36.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the remedy of constructive trust available to a plaintiff in a constructive trust action? (Ontario, Canada)
Is a resulting or constructive trust not a constructive trust? (Ontario, Canada)
What is the test for a constructive trust or resulting trust? (Ontario, Canada)
What is the test for terminating a trust where the sole beneficiary of the trust is not entitled to terminate the trust? (Ontario, Canada)
What is the difference between a resulting trust and a constructive trust? (Ontario, Canada)
What is the current state of the law on remedial constructive trust? (Ontario, Canada)
What is the test for a constructive trust in a personal injury case? (Ontario, Canada)
What is the proper remedy for unjust enrichment in the context of a claim for constructive trust? (Ontario, Canada)
Is a constructive trust that had served its purpose and was no longer necessary an equitable remedy? (Ontario, Canada)
What is remedial constructive trust? (Ontario, Canada)
