Can a constructive trust be imposed against a party pursuant to the equitable doctrine of unjust enrichment?
British Columbia, Canada
The following excerpt is from 0731431 B.C. Ltd. v Panorama Parkview Homes Ltd., 2021 BCSC 607 (CanLII):
A constructive trust may also be imposed against a party pursuant to the equitable doctrine of unjust enrichment if, as per Garland v. Consumers’ Gas Co., 2004 SCC 25 at para. 30, there exists: 1. An enrichment of that party; 2. A corresponding deprivation of the plaintiff; and 3. An absence of a juristic reason for the enrichment.
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