Unjust Enrichment

An Article by Len Fishman

(NOTE: This article was written for a Law Society of Manitoba 
Continuing Legal Education Seminar on March 5, 1996
 and has not been updated)

TABLE OF CONTENTS

• A. Introduction - The Trust In Family Law
  1. A Brief Historical Perspective
  B. The Two Trusts - Resulting and Constructive
  1. Resulting Trust
  2. Constructive Trust
  C. Unjust Enrichment
  1. The Wrong
  2. Some of the Cases
  Pettkus v. Becker
  Sorochan v. Sorochan
  Rawluk v. Rawluk
  Peter v. Beblow
  3. The Test For Unjust Enrichment
  a. The Contribution:
  b. Enrichment
  c. Deprivation
  d. No Juristic Reason
  e. The Defendant's Arguments
  D. The Appropriate Remedy - Money or Land - Family or Commercial
  E. Use Of Trust In Cases Governed By The Family Property Act
  1. Two Problems With The Family Property Act
  2. Remedies within The Family Property Act
  F. Unjust Enrichment and The Marital Property Act
  G. Some Practical Issues To Consider In A Family Law Case
  1. Pleading The Case
  2. Some Questions and Issues
  H. Bibliography