When can constructive trust be a branch of the law of unjust enrichment?
Ontario, Canada
The following excerpt is from Tracey v. Tracey, 1998 CanLII 14893 (ON SC):
When applied to matrimonial situations, constructive trust is a branch of the law of unjust enrichment. The conditions for its application were wellstated by Dickson J. (as he then was) in Becker v. Pettkus, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834 (S.C.C.): …there are three requirements to be satisfied before an unjust enrichment can be said to exist: an enrichment, a corresponding deprivation and absence of any juristic reason for the enrichment. (848)
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