Can constructive trust be established in common law relationships?
British Columbia, Canada
The following excerpt is from Tree v. Lord, 1981 CanLII 318 (BC SC):
Dickson J. in Pettkus v. Becker at p. 181 states: "One question which must be addressed is whether a constructive trust can be established having regard to what is frequently, and euphemistically, referred to as a 'common law' relationship. The purpose of constructive trust is to redress situations which would otherwise denote unjust enrichment. In principle, there is no reason not to apply the doctrine to common law relationships." …
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for the use of a constructive trust to redress the unjust enrichment of one person by another through their contribution to a common law relationship? (British Columbia, Canada)
Is a common-law relationship that extended over a long-term common law relationship valid? (British Columbia, Canada)
What is the test for a constructive trust claim based on common law relationship? (British Columbia, Canada)
When a common-law spousal relationship ends in a common law relationship? (British Columbia, Canada)
What is the test for finding a constructive trust in a claim for constructive trust? (British Columbia, Canada)
What is the test for awarding constructive trust or a constructive trust? (British Columbia, Canada)
When the BCLRC recommended that the distinction between express and constructive trusts be abolished for limitation purposes, does the distinction take into account the remedial constructive trust? (British Columbia, Canada)
How have the courts in BC dealt with a claim for unjust enrichment and constructive trust in real property in a relationship where the parties were in a marriage-like relationship for seven years? (British Columbia, Canada)
What are the requirements for a constructive trust and a claim for the constructive trust? (British Columbia, Canada)
What is the legal test for a constructive trust or constructive trust remedy? (British Columbia, Canada)
