Constructive Trust Imposed in Absence of Unjust Enrichment
Canadian courts have developed the remedial constructive trust to prevent unjust enrichment. Pursuant to seminal cases such as Pettkus v. Becker, [1980] 2 S.C.R. 834, it is…
Fiduciary Duty: Agent’s Fraud Cured by Constructive Trust
Let’s discuss “constructive trusts” as a remedy for fraud or disloyal conduct by an agent (agents owe a “fiduciary duty” to their client, which means they must…
Fiduciary Duty: Are Beneficiaries Dependent or Vulnerable?
The case of Lac Minerals Ltd. v. International Corona Resources Ltd., [1989] 2 SCR 574 raised the question of when one party owes a fiduciary duty to another,…