What are the elements of an action for unjust enrichment and constructive trust?
Ontario, Canada
The following excerpt is from Lamantia v. Solarino, 2010 ONSC 2927 (CanLII):
Once these three elements are proven, the action for unjust enrichment is established and the right to claim relief is made out. Where monetary damages are inadequate to satisfy the claim for unjust enrichment and where there is a link between the contribution that founds the action and the property in which the constructive trust is claimed, the remedy of constructive trust will arise. (See: Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980 (S.C.C.) at para. 3)
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