Is there any basis for the imposition of a constructive trust?
Ontario, Canada
The following excerpt is from Steven Peleshok v. Harry Peleshok, et al., 2011 ONSC 3156 (CanLII):
The defendants submit that there is no basis for the imposition of a constructive trust, which may be imposed only when three conditions are met: unjust enrichment of the person against whom the trust is claimed; corresponding deprivation of the claimants; and the absence of any juristic reason for the enrichment: Rathwell v. Rathwell, 1978 CanLII 3 (SCC), [1978] 2 S.C.R. 436 at p. 455.
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