What is the test for constructive trust in a claim of unjust enrichment?
British Columbia, Canada
The following excerpt is from P.B. v. S.L.L. and R.L., 2004 BCSC 1002 (CanLII):
First, I should point out that a constructive trust is a remedy flowing from a claim of unjust enrichment; it is not a claim in itself. The default remedy where unjust enrichment is found is a monetary award: Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980. Therefore, when the plaintiff in this case makes his claim based on the principles of constructive trust, I take that to mean his claim is in unjust enrichment.
The basic test for unjust enrichment has three parts: Pettkus v. Becker, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834: 1. The defendant must be enriched because of the plaintiff's contributions. 2. The plaintiff must experience a corresponding deprivation. 3. There must be no juristic reason for the enrichment. What Constitutes Enrichment?
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