What is a constructive trust and what is its effect?
Ontario, Canada
The following excerpt is from Hussaini v. Crowe Soberman Inc., 2019 ONSC 642 (CanLII):
A constructive trust arises by operation of law as a means for equity to combat behaviour that is contrary to good conscience. It is a remedy for unconscionable transactions: Soulos v. Korkontzilas, 1997 CanLII 346 (SCC), [1997] 2 S.C.R. 217 at paras. 18, 32, 45. Constructive trusts can arise in many circumstances, including to remedy an unjust enrichment; or to confiscate profits flowing from a wrong.
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