Can a constructive trust remedy an unjust enrichment?
British Columbia, Canada
The following excerpt is from Corban Construction Co. Ltd. v. Nankivell, 1995 CanLII 1837 (BC SC):
21 The court referred to Sorochan v. Sorochan (1986) 1986 CanLII 23 (SCC), 2 R.F.L. (3d) 225, S.C.C. for the proposition that a constructive trust can remedy an unjust enrichment. The remedy for an unjust enrichment can be "in rem" remedy where an interest is available in the land in question or "in personam" where the relief would result in a monetary judgment. The court allowed the lis pendens to stand on the basis that the claim for unjust enrichment could entitle the defendant to claim an interest in the property.
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