The role of constructive trusts in American, English, and Canadian courts.
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:
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.
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Eileen E. Gillese, BA, BCL (Oxon) is a justice of the Court of Appeal for Ontario, a position that she has held since 2002. She served as a judge of the Superior Court of Justice from January 1999 until her elevation to the Court of Appeal. Prior to her appointment to the Bench, Justice Gillese served as professor and Dean of the Faculty of Law at the University of Western Ontario, where she taught Trusts, Property, Wills, Administrative Law, Pension Law, and Legal Research and Writing. Justice Gillese holds undergraduate and graduate law degrees from Oxford University, England, and a BComm from the University of Alberta. She has been a member of the Alberta and Ontario bars and has practised law in both jurisdictions. She was appointed a member of the Pension Commission of Ontario in 1988, served as its Vice Chair from 1989 to 1993, and Chair from 1994 to 1996. Justice Gillese was Chair of the Financial Services Commission and the Financial Services Tribunal in 1998.
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