What is the relevant head-note in the law of constructive trust in matrimonial property disputes?
Ontario, Canada
The following excerpt is from Davies v. Vriend, 1999 CanLII 14985 (ON SC):
In the Becker v. Pettkus (1980), 1980 CanLII 22 (SCC), 117 D.L.R. (3d) 257 (S.C.C.) the head-note reads in part as follows: The respondent can succeed on the basis of a constructive trust, however. Such a trust is imposed to prevent unjust enrichment. It is an appropriate remedy in matrimonial property disputes, provided that there is (a) an enrichment of one person, (b) a corresponding deprivation of another, (c) no juristic reason for the enrichment.
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