Remedial constructive trust
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
See also
- Thorner v Majors [2009] UKHL 18, per Lord Scott
- Westdeutsche Landesbank Girozentrale v Islington LBC, per Lord Browne-Wilkinson
References
- P Birks, 'Rights, Wrongs and Remedies' (2000) 1 OJLS 1
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