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

Property and Debt in Family Law Matters (view source)

2 bytes removed , 23:57, 18 April 2013

m

2,443

edits

@@ Line 199: / Line 199: @@
 ====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,