What remedies are available to an individual who is unjustified in equity?
British Columbia, Canada
The following excerpt is from Jensen v. Madelung, 1996 CanLII 8586 (BC SC):
22 As Madam Justice McLachlin said in Peter v. Beblow at Pp. 5-6 unjust enrichment in equity permitted a number of remedies depending on the circumstances. They include a payment for services rendered on a quantum meruit basis or a constructive trust in the property entitling the beneficiary of the trust to a portion of the profits realized from a sale of the property. The latter remedy of constructive trust is said to arise where monetary damages are inadequate and where there is a link between the contribution that founds the action and the property in which the constructive trust is claimed.
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