P was mining and D approached them about a possible joint venture. During discussions P revealed to D that the adjacent plot of land had valuable oil deposits. P put in a bid and D, using the info revealed to them by P, outbid them and won the plot. Supreme Court held D 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.
