What is the remedy for an elderly man who lost his mobility scooter in a motor vehicle accident?

The next question is whether the remedy should be in the form of a monetary award or a declaration of constructive trust. In order for a constructive trust to be found, monetary compensation must be inadequate and there must be a link between the services rendered and the property in which the trust is claimed, see Peter v. Beblow, supra at para. 26. Here there is a link between the services rendered and the property.

In considering whether a monetary award is sufficient, a court is entitled to consider the probability of the award being paid, see Peter v. Beblow, supra at para. 31. I am satisfied that there is a low probability of an award being paid. Mr. J.M.D.'s financial situation is precarious. Moreover, his conduct in relation to prior court orders gives no confidence that an award would be paid.