Is a constructive trust that had served its purpose and was no longer necessary an equitable remedy?
Ontario, Canada
The following excerpt is from Reichmann v. Vered, 2006 CanLII 26963 (ON CA):
In Soulos v. Korkontzilas, McLachlin J. at para. 34 said, when speaking of the importance of a constructive trust: Equitable remedies are flexible, when their award is based on what is just in all the circumstances of the case. It seems to me that this applies equally to the dissolution of a constructive trust that had served its purpose and is no longer necessary.
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