What is a constructive trust and what is the test for such a trust?
British Columbia, Canada
The following excerpt is from Zou v Rai, 2021 BCSC 1931 (CanLII):
Constructive trusts are open to the courts in three situations: breach of a fiduciary duty, an unjust enrichment, or a case‑by‑case situation where good conscious so requires, otherwise referred to as a substantive constructive trust. BNSF Railway Company v. Teck Metals Ltd., 2016 BCCA 350, at paras. 52-55.
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