What is the legal test for a constructive trust or constructive trust remedy?

British Columbia, Canada


The following excerpt is from Jacobs v. Yehia, 2014 BCSC 845 (CanLII):

Where a monetary remedy would be inappropriate or insufficient, the court may choose to award a proprietary remedy such as a constructive trust: Ibbotson v. Fung, 2013 BCCA 171. Positions of the Parties

Other Questions


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)
What are the requirements for a constructive trust and a claim for the constructive trust? (British Columbia, Canada)
Can a constructive trust remedy be used against a property owner who has made a constructive contribution to the property? (British Columbia, Canada)
In the context of constructive trust, how have the courts in Canada treated constructive trusts? (British Columbia, Canada)
What is the test for awarding constructive trust or a constructive trust? (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 a constructive trust as a remedy in a sexual assault case? (British Columbia, Canada)
What are the principles applicable to a remedial constructive trust? (British Columbia, Canada)
Is a constructive trust a remedy or a substantive claim? (British Columbia, Canada)
Does the operation of the title to defeat the claim of a resulting trust or constructive trust as against a third party? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.