What is the difference between a resulting trust and a constructive trust?

Ontario, Canada


The following excerpt is from Maloney v. Maloney, 1993 CanLII 5559 (ON SC):

In Rathwell v. Rathwell (1978), 1978 CanLII 3 (SCC), 83 D.L.R. (3d) 289 at p. 302, [1978] 2 S.C.R. 436, 1 E.T.R. 307, Dickson J., as he then was, clarified the distinction between resulting and constructive trusts. He stated: Resulting trusts are treated under the head of constructive trusts, for the reason, it is said, that it would be extremely confusing to divide them into such as depend on intention, and such as do not. Notwithstanding the reluctance, the distinction is of practical importance. Constructive trusts are analyzed by the author as either resulting trusts, in which the equitable interest springs back or results to a settlor or his representatives, or non-resulting trusts; a resulting trust will be presumed in favour of a person who is proved to have paid the purchase-money for real property in the character of purchaser if the real property is conveyed to another.

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