Difference between revisions of "Property and Debt in Family Law Matters"

Property and Debt in Family Law Matters (view source)

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 ====Unjust enrichment and constructive trusts====
-A constructive trust is called ''constructive'' because the claimant is asking the court to create or impose a trust on the respondent where there wasn't one before. According to the Supreme Court of Canada's decision in the 1980 case of [[http://canlii.ca/t/1mjv Pettkus v. Becker],] [1980] 2 S.C.R. 834,  the most important case on constructive trusts, the court will impose a trust on a respondent where the claimant has been able to show that the respondent has been ''unjustly enriched'' as a result of the claimant's efforts. Unjust enrichment is shown by proving that:
+A constructive trust is called ''constructive'' because the claimant is asking the court to create or impose a trust on the respondent where there wasn't one before. According to the Supreme Court of Canada's decision in the 1980 case of [http://canlii.ca/t/1mjv Pettkus v. Becker], [1980] 2 S.C.R. 834,  the most important case on constructive trusts, the court will impose a trust on a respondent where the claimant has been able to show that the respondent has been ''unjustly enriched'' as a result of the claimant's efforts. Unjust enrichment is shown by proving that:
 #the respondent was enriched as a result of the claimant's contributions,