What is the test for constructive trust in a claim for unjust enrichment?
British Columbia, Canada
The following excerpt is from Rockwell v. Fay, 2009 BCSC 935 (CanLII):
If unjust enrichment has been found, the next issue becomes the question of remedy. A constructive trust should be imposed as a remedy for unjust enrichment only where a monetary remedy would be inadequate: Peter v. Beblow at 997; B. (J.A.) v. C. (H.W.), 2008 BCSC 644, 58 R.F.L. (6th) 295 at para. 155.
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