What is the test for proving a constructive trust in the absence of evidence of a severance of the joint tenancy?
British Columbia, Canada
The following excerpt is from Atha v. Thompson, 2008 BCSC 1075 (CanLII):
Fourth, the plaintiffs are bound to fail to prove a constructive trust in the absence of evidence of a severance of the joint tenancy, the juristic reason for an enrichment, if any: Zuk Estate v. Zuk, 2007 BCSC 300. V.
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