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Lac Minerals v International Corona Resources

[1989] 2 SCR 574

Case summary last updated at 24/02/2020 15:05 by the Oxbridge Notes in-house law team.

Judgement for the case Lac Minerals v International Corona Resources

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. 

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