Samiksha Jaiswal (Editor)

Remedial constructive trust

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A remedial constructive trust is a type of constructive trust recognised in New Zealand, Canada and the United States, which allows courts to give a discretionary property remedy for breaches of certain obligations, or to acknowledge various rights. It has not been recognised in English trusts law, although a number of judges have proposed that it be acknowledged.

Canada

  • Lac Minerals Ltd. v. International Corona Resources Ltd. [1989] 2 SCR 574
  • Sun Indalex Finance, LLC v. United Steelworkers 2013 SCC 6
  • References

    Remedial constructive trust Wikipedia