What is the equitable remedy of a constructive trust?
British Columbia, Canada
The following excerpt is from Yezagelian v. Pautler, 2000 BCSC 326 (CanLII):
When invoking the equitable remedy of a constructive trust, the court must take into account the unique circumstances of each individual case. According to Pettkus v. Becker, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834 at p.852: The extent of the interest must be proportionate to the contribution, direct or indirect, of the claimant. A finding of a constructive trust usually leads to a declaration of entitlement frequently coupled with a transfer of title. However, it is open to the court to make a money award instead.
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