What is the test for finding that the principles of constructive, implied or resulting trust are an alternate remedy under the provisions of the Family Law Act, 1986?
Manitoba, Canada
The following excerpt is from Lasko v. Lasko, 2009 MBQB 332 (CanLII):
In the course of argument, this court was again directed to the decision of Rawluk v. Rawluk, 1990 CanLII 152 (SCC), [1990] 1 S.C.R. 70, wherein, inter alia, the court held that “the principles of constructive, implied or resulting trust,” are an alternate remedy available under the provision of the Family Law Act, 1986, S.O. 1986, c. 4.
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