What is the test for a claim for a share of a person's property in a constructive trust action?
British Columbia, Canada
The following excerpt is from Borkenhagen v. Kessler, 2012 BCSC 467 (CanLII):
In Kerr at para. 50, the court said: 50. ... Where the plaintiff can demonstrate a link or causal connection between his or her contributions and the acquisition, preservation, maintenance or improvement of the disputed property, a share of the property proportionate to the unjust enrichment can be impressed with a constructive trust in his or her favour (Pettkus, at pp. 852-53; [Sorochan v. Sorochan, 1986 CanLII 23 (SCC), [1986] 2 S.C.R. 38] at p. 50). ...
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