Unjust Enrichment and Trust Claims (ON)

Summary

This practice note provides an overview of the principles of equitable ownership and the use of unjust enrichment, constructive trusts and resulting trusts to establish a claim over property accumulated during the relationship. Such claims may result in either a monetary payment or equitable ownership in the asset. It discusses when an unjust enrichment claim may arise in the family law context, as well as setting out the test to be met when making such a claim. It also discusses the purpose and effects of a resulting trust claim in the family law context, which occurs where the non-titled owner's contributions to the acquisition of a property have been direct or where a property was transferred gratuitously to the titled owner by the claimant. It sets out the limitation periods for unjust enrichment and trust claims by common law partners, which are determined based on the nature of the remedy sought. It also sets out the types of remedies that may be awarded by a court once unjust ...