Can constructive trust be imposed to remedy an unjust enrichment?
British Columbia, Canada
The following excerpt is from Abakhan et al v. Taylor, 2001 BCSC 1801 (CanLII):
The law is clear that a constructive trust may be imposed to remedy an unjust enrichment. The three elements required to establish unjust enrichment are: 1. an enrichment 2. a corresponding deprivation 3. the absence of any juristic reason for the enrichment. [Sorochan v. Sorochan, SCC 1986 CanLII 23 (SCC), [1986] 2 S.C.R. 38]
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