What is the test for constructive trust in a family law case?
Ontario, Canada
The following excerpt is from Goldman v. Kudeyla, 2011 ONSC 2718 (CanLII):
A constructive trust is not meant to be a tactical tool within family law cases to change decisions made during marriage. It is, rather, a potent and important remedy to redress inequity when it clearly exists: Abraham-Sherman v. Sherman (1998), 37 R.F.L. (4th) 26 (O.C.J.) In cases involving married parties that inequity can only be considered once the statutory remedies – such as an equalization payment - have been exhausted.
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