Does the fact a plaintiff is entitled to a remedy for unjust enrichment do not necessarily mean there will be a finding of constructive trust?
British Columbia, Canada
The following excerpt is from Wood v. Nolte, 2011 BCSC 692 (CanLII):
The fact a plaintiff is entitled to a remedy for unjust enrichment does not necessarily mean there will be a finding of constructive trust: Peter v. Beblow, para. 22. If a monetary award is sufficient a constructive trust is not needed. A monetary award must be inadequate and there must be a link between the services and the property to give rise to a constructive trust: Peter v. Beblow, para. 26.
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