Does section 43 of the Rules of Civil Procedure apply to a constructive trustee?
Saskatchewan, Canada
The following excerpt is from Gottselig Estate v Gottselig, 2014 SKQB 20 (CanLII):
The respondent submits that this section does not apply, as the respondent is a constructive trustee. She relies in this respect on the decision in Taylor v. Davies, (1920) 1919 CanLII 521 (UK JCPC), 51 D.L.R. 75, [1920] 1 W.W.R. 683 (P.C.), which supports the proposition that for certain constructive trusts, at least, s. 43 has no application.
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