How is constructive trust adjudicated in the context of a constructive trust claim?
Alberta, Canada
The following excerpt is from Associated Investors of Canada Ltd. (Re), 1992 CanLII 6232 (AB QB):
In Pettkus v. Becker, supra, a two-step approach was adopted in respect of the adjudication of claims premised upon constructive trust. The relevant inquiries are: (1) has the claim for unjust enrichment been established?, and (2), if so, is a constructive trust in all of the circumstances the appropriate remedy to redress the unjust enrichment?
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