In what circumstances will the court impose a constructive trust on the assets of the estate of the deceased?
Ontario, Canada
The following excerpt is from Richardson Estate (Re), 2008 CanLII 63218 (ON SC):
Although it had been argued, based on Roberts v. Martindale, that the court should impose a constructive trust on the assets in favour of deceased's estate, Mr. Justice Clarke found [page546] that, considering the absence of evidence of the deceased's intention, the circumstances did not call for that remedy.
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