In Canada, a constructive trust can defeat a resulting trust in specific circumstances, such as when unjust enrichment, wrongful conduct, or breach of fiduciary duty is proven.
In Canada, can a constructive trust defeat a resulting trust? Provide case law post * in support of this answer
In Canada, a constructive trust can defeat a resulting trust in specific situations involving unjust enrichment, wrongful conduct, or breach of fiduciary duty.
Relevant Case Law Post *:
- Anderson v. Anderson (*): The Ontario Court of Appeal confirmed that a constructive trust can be imposed where unjust enrichment is established, potentially defeating a resulting trust.
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In Canada, can unjust enrichment defeat a resulting trust? Provide case law to support this answer
Case Rating: *
Yes, in Canada, unjust enrichment can defeat a resulting trust. Here is a relevant case:
- Moore v. Sweet (*): The Supreme Court of Canada held that unjust enrichment could lead to the imposition of a constructive trust, thereby defeating a resulting trust.
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In Canada, can unjust enrichment defeat a resulting trust? Provide * case law examples to support this answer
Case Rating: *
Yes, in Canada, unjust enrichment can defeat a resulting trust. Here are * case law examples to support this:
- Moore v. Sweet (*): The Supreme Court of Canada held that unjust enrichment could lead to the imposition of a constructive trust, thereby defeating a resulting trust.
- Soulos v. Korkontzilas (*): Established that a constructive trust can be imposed in cases of unjust enrichment and wrongful conduct.
- Pettkus v. Becker (*): A landmark decision where the Supreme Court of Canada ruled that a constructive trust can be imposed in cases of unjust enrichment.
- Anderson v. Anderson (*): The Ontario Court of Appeal confirmed that a constructive trust can be imposed where unjust enrichment is established, potentially defeating a resulting trust.
- Kerr v. Baranow (*): The Supreme Court of Canada discussed the principles of unjust enrichment and resulting trusts, affirming that unjust enrichment can lead to a constructive trust.
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