Welcome to "Constructive Trusts." This course delves into a fundamental concept in equity, exploring trusts that are imposed by operation of law, independent of the parties' intention. Unlike express trusts, constructive trusts arise in specific circumstances recognized by courts to prevent injustice.

We will examine the historical development, contrasting the English approach rooted in misconduct with the American view focused on preventing unjust enrichment. Learn how Canadian law incorporates both perspectives.

Key topics include:

• Constructive trusts arising from gains by fiduciaries.
• Holding strangers liable as constructive trustees, including trustees de son tort, knowing assistance, and knowing receipt, with a focus on the differing knowledge requirements.
• Constructive trusts imposed as remedies for unjust enrichment, exploring their application, particularly in property disputes arising from cohabitation.

Gain a clear understanding of when a constructive trust is the appropriate remedy and how it differs from alternatives like accounting, equitable compensation, and tracing. Through examples and analysis of key case law, you will develop the skills to identify situations where equity demands the imposition of a constructive trust to achieve a just outcome.