Online Practice Manuals

Kerr v. Baranow

• 2007 BCSC 1863
  • Go to CanLII for full text
• 2009 BCCA 111
  • Go to CanLII for full text
• 2010 BCCA 32
  • Go to CanLII for full text
• 2011 SCC 10
  • Go to CanLII for full text
• 2012 BCSC 1222
  • Go to CanLII for full text

The above case is referenced within:

1. British Columbia Builders Liens Practice Manual (Current to: June 01 2023)
   • Chapter 8. The Builders Lien Trust
     • VI. Breach of Trust [§8.9]
       • B. Civil Consequences of Breach and Director’s Liability [§8.11]
       • C. Lender’s Liability for Breach of Trust [§8.12]
2. British Columbia Business Disputes (Current to: August 01 2016)
   • Chapter 3. Unjust Enrichment
     • III. The Three Elements [§3.10]
       • C. Absence of Juristic Reason [§3.20]
         • 5. Assessment of Juristic Reason where There Are Reciprocal Contributions [§3.24]
     • VII. Remedies [§3.43]
       • A. Personal Remedies [§3.44]
       • B. The Remedial Constructive Trust [§3.45]
   • Chapter 14. Damages and Other Remedies
     • X. Equitable Remedies [§14.54]
       • A. Restitution [§14.55]
         • 1. Restitution and Unjust Enrichment [§14.56]
           • a. Restitution without Wrongdoing [§14.57]
       • B. Constructive Trusts [§14.59]
         • 2. In What Circumstances Can or Should a Constructive Trust Be Declared or Imposed? [§14.61]
           • c. Insolvency Cases [§14.64]
3. British Columbia Family Practice Manual (Current to: February 01 2023)
   • Chapter 3. Assessing the Legal Issues in a Family Law File
     • IV. Spousal Support [§3.40]
       • D. Retroactive Spousal Support Orders [§3.44]
     • XI. Trust Law Principles in the Family Law Context [§3.82]
       • B. Trust Remedies Over Assets [§3.84]
4. Estate Disputes in British Columbia: A Litigator’s Guide (Current to: January 15 2024)
   • Chapter 14. Life Insurance, Registered Account, and Benefit Plan Beneficiary Designation Disputes
     • III. Types of Disputes Regarding Life Insurance and Benefit Plan Beneficiary Designations [§14.19]
       • H. Unjust Enrichment and Remedial Constructive Trusts [§14.29]
   • Chapter 15. Resulting Trusts, Unjust Enrichment, Constructive Trusts, and Secret Trusts
     • II. Resulting Trusts [§15.2]
       • A. Introduction to Resulting Trusts [§15.3]
         • 3. Common Intention Resulting Trust [§15.6]
     • III. Unjust Enrichment [§15.21]
       • B. Elements of the Cause of Action for Unjust Enrichment [§15.23]
         • 3. Established Categories of Juristic Reasons [§15.26]
       • C. Remedies in Unjust Enrichment Claims [§15.29]
         • 2. Remedies in Unjust Enrichment Claims: Monetary [§15.31]
         • 3. Quantifying the Remedy in Unjust Enrichment Claims [§15.32]
           • b. Quantifying Unjust Enrichment: Quantum Meruit [§15.34]
5. Family Law Agreements: Annotated Precedents (Current to: November 15 2023)
   • Chapter 9. Child Support and Spousal Support Clauses in Family Law Agreements
     • II. Child Support Guidelines [§9.2]
       • AF. Reviewing Child Support [§9.34]
   • Chapter 16. Clauses for Cohabitation and Marriage Agreements
     • XV. Property in a Cohabitation or Marriage Agreement [§16.61]
       • O. Family Residence: Owner Transfers Half Interest to Spouse [§16.76]
     • XVIII. Releases in a Cohabitation or Marriage Agreement [§16.87]
       • B. No Trust Claims [§16.89]
6. Family Law Sourcebook for British Columbia (Current to: October 15 2023)
   • Chapter 1. Overview of Family Law Claims
     • XIV. Unjust Enrichment Claims [§1.31]
   • Chapter 4. Property under the Family Law Act
     • XIV. Rights under Equity and Other Law [§4.49]
       • C. Types of Unjust Enrichment Claims [§4.52]
         • 2. Presumptions of Resulting Trust and Advancement [§4.54]
         • 3. Constructive Trusts [§4.56]
           • a. Constructive Trust as a Remedy for Unjust Enrichment [§4.57]
           • c. Establishing Enrichment and Corresponding Deprivation [§4.59]
           • d. Absence of Any Juristic Reason for the Enrichment [§4.60]
           • e. Reciprocal Benefits [§4.61]
           • f. Selecting the Appropriate Remedy for Unjust Enrichment—Monetary Award or Constructive Trust [§4.62]
       • D. Interests of the Parties if Unjust Enrichment is Found [§4.63]
   • Chapter 6. Spousal Support
     • VIII. Variation of Spousal Support Orders [§6.58]
       • B. Variation of Final Spousal Support Orders under the Divorce Act [§6.60]
     • IX. Review of Spousal Support Orders [§6.68]
       • A. Spousal Support Review Principles [§6.69]
7. Land Title Practice Manual (Current to: August 01 2023)
   • Chapter 3. Land Title Act Part 3 (ss. 20 to 38) —Registration and Its Effect
     • II. Legislation and Commentary [§3.2]
       • D. 23 Effect of indefeasible title [§3.6]