Does a finding of a constructive trust as a remedy retroactively impose a trustee - beneficiary relationship between parties?
Alberta, Canada
The following excerpt is from Bischke (Re), 2014 ABQB 473 (CanLII):
In any event, the finding of a constructive trust as a remedy does not retro-actively impose a trustee - beneficiary relationship between parties, absent such an undertaking: Tracy v. Instaloans Financial Solutions Centres (C.B.C.) Ltd., 2010 BCCA 357 at para 21.
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