How have the concepts of constructive trustee and trustee de son tort been interpreted in common law?
Ontario, Canada
The following excerpt is from York Regional Standard Condominium Corporation No. 1206 v. 520 Steeles Developments Inc., et al, 2018 ONSC 632 (CanLII):
The plaintiff submitted that the concepts of constructive trustee and trustee de son tort are forms of general relief granted when the court determines that a defendant should be accountable in equity. The plaintiff relies on Air Canada v. M & L Travel Ltd., 1993 CanLII 33 (SCC), [1993] 3 S.C.R. 787, as an example of where a defendant can be found liable in equity as a participant in a wrong even if there is no finding that a trust existed.
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