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Law Cases
Trusts and Equity Cases
Constructive trusts, unjust enrichment, tracing 2010 Cases

Lac Minerals v International Corona Resources [1989] 2 SCR 574

Country:
United Kingdom
By Oxbridge Law Team
La Forest J

  • Plaintiff was mining and Defendant approached them about a possible joint venture. During discussions Plaintiff revealed to Defendant that the adjacent plot of land had valuable oil deposits.

  • Plaintiff put in a bid and Defendant, using the info revealed to them by Plaintiff, outbid them and won the plot.

  • Supreme Court held Defendant was in breach of a duty not to misuse confidential information.

    • The appropriate remedy was the imposition upon the defendant of a constructive trust of the property. 

La Forest J

  • The modern approach to CTs:

First, the court determines whether a claim for unjust enrichment is established, and then, secondly, examines whether in the circumstances a constructive trust is the appropriate remedy to redress that unjust enrichment.

  • He says that here a monetary award would be inadequate. 

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