In order for a constructive trust to be found, the claimant must demonstrate a causal connection between his or her contributions and the acquisition, preservation, maintenance or improvement of the disputed property, and that a monetary award would be insufficient. The Court also found that, with respect to any kind of constructive trust, a plaintiff must identify the property which the plaintiff contributed to and must demonstrate that a monetary award would be insufficient. The constructive trust is a remedy that gives the claimant an interest in property. A constructive trust is imposed by a court in order to benefit a party whose rights have been violated due to another person owning property that he should not possess. The property was therefore impressed with a constructive trust in Ms. Iberg's favour, proportionate to the unjust enrichment of Mr. Claridge. This is a trust created after 1999 by a settlor who was 65 years of age or older at the time the trust was created, for which the settlor is entitled to receive all the income that may arise during their lifetime, and is the only person who can receive, or get the use of, any income or capital of the trust during the settlor's lifetime. The Importance of Intention Both Pavlovich and Iberg demonstrate the significance of intention in determining true ownership of property, and the importance of leading credible evidence of this intention. Definition of Constructive Trust. In 1993, the Supreme Court of Canada again considered the issue of constructive … Case brief (Whether common law spouse unjustly enriched at wife’s expense — If so, whether constructive trust is appropriate remedy.) The Supreme Court of Canada released the following decision on Nov 23, 2018: Moore v. Sweet, 2018 SCC 52; File No. This illegal ownership may come about through fraud or another type of unconscionable behavior. This finding of constructive trust despite the absence of a clear-cut relationship between the parties shows how a claim of constructive trust may very well come "out of the blue" as it were and surprise and defeat other creditors. Office: Suite 1300-10020 101A Ave NW, Edmonton, AB T5J 3G2 info@prowsechowne.com Donovan W.M. What is a Constructive Trust. Alter ego trust. For more information about the constructive trust, contact us today. A trust imposed by a court as a remedy for unjust enrichment. A constructive trust is a type of trust that is formed as a remedy to prevent unfair results. Analysis of the Constructive Trust Claim. In first establishing which type of trust may apply to the matter, Justice Heeney pointed out that the resulting trust analysis focuses solely on the initial transaction, in order to determine whether there was an intention to make a gift. Although the application of the constructive trust has been treated as an equitable remedy to prevent unjust enrichment in Canada, recently, constructive trust has been applied as a remedy to wrongful acts in the absence of enrichment and corresponding deprivation on the basis of the good conscience doctrine. Noun. at page 478. In this article, the author discusses the role of constructive trusts in Canada, examining the connection between unjust enrichment and the constructive trust. Waters, Waters’ Law of Trusts in Canada, (Carswell: Toronto, 2012) 4 th ed. 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