Is a resulting or constructive trust not a constructive trust?

However, the appellants argue that Taylor v. Davies (1919), 1919 CanLII 521 (UK JCPC), 51 D.L.R. 75 (P.C.) is binding authority that requires this court to conclude that a claim to property based on a resulting or constructive trust is not a claim “to recover trust property” within the meaning of the second exception in s. 43(2). While they acknowledge that Taylor v. Davies involved a constructive trust, they argue that the reasoning applies equally to resulting trust claims as in neither case is there an alleged trust that arose before the transaction impeached.