Can a constructive trust be imposed in the absence of wrongful conduct like breach of fiduciary duty?
Ontario, Canada
The following excerpt is from Ginoogaming First Nation v. Beamish, 2007 CanLII 10410 (ON SC):
It is now well established that a constructive trust may be imposed in the absence of wrongful conduct, like breach of fiduciary duty, where three elements are present: (1) the enrichment of the defendant; (2) the corresponding deprivation of the plaintiff; and (3) the absence of a juristic reason for the enrichment (Pettkus v. Becker, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834 (S.C.C.)).
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