What is a constructive trust in a personal injury action?
British Columbia, Canada
The following excerpt is from Sohi v Sohi, 2022 BCSC 434 (CanLII):
A constructive trust is a proprietary remedy, giving the plaintiff equitable title to property that it did not possess apart from the court’s order. One of the circumstances in which the court will sometimes impose a constructive trust as a remedy is where the defendant has been unjustly enriched to the plaintiff’s detriment, the enrichment is substantially and directly linked to property in the possession of the defendant, and a monetary remedy will not be adequate; Kerr v. Baranow, 2011 SCC 10 at paras. 50-53.
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