How have the courts in BC considered the principles of unjust enrichment and resulting trust in real property?

British Columbia, Canada


The following excerpt is from Conner v. Bulla, 2016 BCSC 906 (CanLII):

The defendant in this case cited Craiggs v. Owens, 2012 BCSC 29 [Craiggs], where a plaintiff claimed an interest in real property registered in the defendant’s name based on the principles of unjust enrichment and resulting trust. The parties had been a common law couple. The “wife” owned the property, having acquired it during the relationship, and she had paid the down payment from proceeds of a mortgage placed on another property she owned prior to the relationship. She obtained another mortgage, this one on the subject property itself, based on a letter the “husband” had signed which falsely attested to her employment with his company. Both parties proceeded to set up a marihuana grow-op in the basement of the subject house, and lived lavishly from its proceeds. The husband claimed an interest in the property because he had made the payments on the mortgages for about two years.

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