Does a constructive trust arise pursuant to any agreement?
Saskatchewan, Canada
The following excerpt is from Imperial Oil v. Bulani Agro Inc., 2002 SKQB 231 (CanLII):
A constructive trust does not arise pursuant to any agreement. “It is imposed without reference to intention to create a trust, and its purpose is to remedy a result otherwise unjust”: Pettkus v. Becker, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834 at 843 (per Dickson J. for the majority).
Dickson J. at p. 844 quoted, with approval, the following statement in Rathwell v. Rathwell, 1978 CanLII 3 (SCC), [1978] 2 S.C.R. 436 at 455: The constructive trust, as so envisaged, comprehends the imposition of trust machinery by the court in order to achieve a result consonant with good conscience. As a matter of principle, the court will not allow any man unjustly to appropriate to himself the value earned by the labours of another.
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