What is the test for a claim for constructive trust?
Ontario, Canada
The following excerpt is from Belvedere v. Brittain Estate, 2007 CanLII 32666 (ON SC):
At the outset, I set out the claims advanced on behalf of the plaintiff. I turn firstly to a consideration of constructive trust. In Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980, a plaintiff must establish for an enrichment, a corresponding deprivation, and the absence of any juristic reason for the enrichment. A consideration of intent is an important factor to be included in the three elements as in Peter v. Beblow. However, this case is not simply a case of intention unfulfilled such as in cases of intention to make a will not carried out.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a resulting or constructive trust not a constructive trust? (Ontario, Canada)
What is the remedy of constructive trust available to a plaintiff in a constructive trust action? (Ontario, Canada)
What is constructive trust and what is the test for constructive trust? (Ontario, Canada)
How have the courts interpreted the construction of this clause in the Construction of a Statement of Claim? (Ontario, Canada)
Can a construction lien claim against a non-party under the Construction Lien Act? (Ontario, Canada)
What is the test for a constructive trust claim in a foreign immoveable property? (Ontario, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
What is the proper remedy for unjust enrichment in the context of a claim for constructive trust? (Ontario, Canada)
Is a marriage breakdown required for a constructive trust claim? (Ontario, Canada)
What is the effect of providing housekeeping and childcare services to a spouse in a constructive trust claim? (Ontario, Canada)
