constructive trust remedy

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121 documents for constructive trust remedy

- Rawluk v. Rawluk, [1990] 1 S.C.R. 70 (1990)
...Family law -- Property -- Constructive trust -- Wife contributing to accumulation of asse... where the Family Law Act, 1986 provides a remedy for unjust enrichment -- Family Law Act, 1986, S.O...
- Supreme Court of Canada
- Ontario Court Of Appeal Decision Fundamentally Changes Corporate Restructuring Landscape
... to the question: Does the statutory deemed trust under Ontario's Pension Benefits Act trump the Cou..., then the Court may find that a "constructive trust" applies to the debtor's property (such as t... finding that leads to a constructive trust remedy of paying out all pension plan deficiencies first ...
- Mondaq Business Briefing
- Canada Law Articles in English
- Indalex: The Ontario Court Of Appeal Extrudes The CCAA
... funds in question were subject to a deemed trust under the Ontario Pension Benefits Act (the "PBA")... to both Plans, was based on the equitable remedy of the constructive trust. In its first line of ...
- Mondaq Business Briefing
- Canada Law Articles in English

- Soulos v. Korkontzilas, [1997] 2 S.C.R. 217 (1997)
...Trusts and trustees -- Constructive trust -- Agency -- Fi... constructive trust was not an appropriate remedy because K had not been "enriched". The Court of Ap...
- Supreme Court of Canada
- Michelin Tires (Canada) Ltd. v. The Queen, 2001 CAF 145 (2001)
...Only its claim for a constructive trust as a remedy to recover the mistaken payments...
- Federal Court of Appeal
- Lac minerals ltd. v. International corona resources ltd., [1989] 2 S.C.R. 574 (1989)
... fiduciary duty -- If so, the appropriate remedy. Industrial and intellectual property -- Trade sec...Trusts and trustees -- Fiduciary duty -- Trade secrets --...- Unjust enrichment -- Restitution -- Constructive trust -- Nature of constructive trust -- When cons...
- Supreme Court of Canada
- Sorochan v. Sorochan, [1986] 2 S.C.R. 38 (1986)
...Unjust Enrichment -- Constructive trust -- Long term "common law" relationship -- Co...A constructive trust can be imposed to remedy an unjust enrichment. The elements of unjust enric...
- Supreme Court of Canada
- i Trade Finance Inc. v. Bank of Montreal , 2011 SCC 26 ; [2011] 2 S.C.R. 360, i Trade Finance Inc. v. Bank of Montreal, 2011 SCC 26, 2011 SCC 26 (2011)
... obtaining judgment allowing for constructive trust and tracing of funds to persons other than b... equitable lien; and (2) seeking a personal remedy against any party liable (para. 12). II. Decisions...
- Supreme Court of Canada
- Kerr v. Baranow , 2011 SCC 10 ; [2011] 1 S.C.R. 269, Kerr v. Baranow, 2011 SCC 10, 2011 SCC 10 (2011)
... - Property - Unjust enrichment - Monetary remedy - Whether monetary remedy restricted to quantum me... - Common law spouses - Property - Resulting trust - Whether evidence of common intention should be c... unjust enrichment and the remedial constructive trust. Since the decision in Pettkus v. Becker, th...
- Supreme Court of Canada
- i Trade Finance Inc. v. Bank of Montreal
... be liquidated and the proceeds held in trust pending further order of the court. i Trade sued... in the civil proceedings as constructive trustee for the benefit of i Trade. Belobaba J. al... to follow the proceeds and seek a personal remedy against any party who might be liable. The Tracing...
- Mondaq Business Briefing
- Canada Law Articles in English