Can a constructive trust be used in a summary dismissal action?
Alberta, Canada
The following excerpt is from Sporring v. Collins, 2009 ABQB 141 (CanLII):
[176] In Welch v. Bancarz[26] the plaintiff claimed a constructive trust in property the defendant acquired during their cohabitation. The defendant applied for summary dismissal on the basis of an agreement the parties signed when they separated.
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