Can a constructive trust arise where no common intention exists?

However, a constructive trust can arise where no common intention exists. Three conditions must be met to establish a constructive trust: one, an enrichment; two, a corresponding deprivation; and three, an absence of juristic reason for the enrichment. As Dickson J. stated in Rathwell v. Rathwell, 1978 CanLII 3 (SCC), [1978] 2 S.C.R. 436 at p.454: The hallmark of the constructive trust is that it is imposed irrespective of intention; indeed it is imposed quite against the wishes of the constructive trustee.