What is the test for a constructive trust in a property?
Ontario, Canada
The following excerpt is from Fekete v. Begovic, 2008 CanLII 4980 (ON SC):
The doctrine of constructive trust, in contrast to that of resulting trust, does not depend on the intention of the parties. In order for the court to impose a constructive trust, there must be an unjust enrichment arising from the way in which title is held (Becker v. Pettkus, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834). Unjust enrichment has three elements: an enrichment of one person; a corresponding deprivation to the other; and the absence of a juristic reason for the enrichment.
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