What is the test for a constructive trust in a spouse's military pension?

Ontario, Canada


The following excerpt is from Cloutier v. Francis, 2011 ONSC 5550 (CanLII):

In the case Bertrand v. Bertrand, supra, Mackinnon J. awarded the wife a constructive trust in her husband’s military pension for a pre-marriage period. She reasoned at paragraph 15, that, the Applicant paid the Respondent’s living expenses while he completed his university degree. So doing, freed him up to apply his own earnings to his direct educational costs in that year. With the degree, he obtained the employment that allowed him to acquire the pension. … The only asset was what the Respondent had acquired in the form of his military pension. (underlining mine)

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