The role of constructive trusts in American, English, and Canadian courts.
Welcome to "Constructive Trusts." This course delves into a fundamental concept in equity, exploring trusts that are imposed by operation of law, independent of the parties' intention. Unlike express trusts, constructive trusts arise in specific circumstances recognized by courts to prevent injustice.
We will examine the historical development, contrasting the English approach rooted in misconduct with the American view focused on preventing unjust enrichment. Learn how Canadian law incorporates both perspectives.
Key topics include:
Gain a clear understanding of when a constructive trust is the appropriate remedy and how it differs from alternatives like accounting, equitable compensation, and tracing. Through examples and analysis of key case law, you will develop the skills to identify situations where equity demands the imposition of a constructive trust to achieve a just outcome.
https://twitter.com/irwinlaw
Books on law do not need to be difficult, dull, and costly. At Irwin Law Inc., our aim is to produce books of exceptional quality at affordable prices. We are determined to produce books that are modern, lively, and interesting, as well as clearly organized and attractively designed, at prices substantially lower than our competitors. Indeed, our books are accessible to students and legal practitioners alike, while maintaining the highest standards of excellence. As Canada's youngest law publisher, Irwin Law brings an innovative approach and fresh ideas to legal publishing. The company was established in 1996 - very recently in an industry whose roots go back to 1855. At its inception, Irwin Law Inc. was affiliated with the Stoddart Publishing Group. In 1999, Irwin Law was purchased by Quicklaw, Canada's leading online legal research service. The purchase was a natural, as Irwin Law had been among the first publishers to make its books available on the online database. However, when Quicklaw was purchased by LexisNexis Group in July 2002, Irwin Law needed to find new owners. The company was purchased by a small group led by Irwin Law's founding publisher, Jeffrey Miller. From its beginning, Irwin Law has strived to publish books that do more than outline the current state of the law. They analyze the complex issues of the day in a succinct and readable style and in a manner that is probing and thoughtful. Our books are accurate, comprehensive, and up-to-date. Indeed, all manuscript submissions are subject to peer review and our authors are among the leading law practitioners and professors in Canada and the world. Irwin Law brings to the marketplace books that whet the reader's curiosity, challenge established tradition, and create intellectual excitement.
Eileen E. Gillese, BA, BCL (Oxon) is a justice of the Court of Appeal for Ontario, a position that she has held since 2002. She served as a judge of the Superior Court of Justice from January 1999 until her elevation to the Court of Appeal. Prior to her appointment to the Bench, Justice Gillese served as professor and Dean of the Faculty of Law at the University of Western Ontario, where she taught Trusts, Property, Wills, Administrative Law, Pension Law, and Legal Research and Writing. Justice Gillese holds undergraduate and graduate law degrees from Oxford University, England, and a BComm from the University of Alberta. She has been a member of the Alberta and Ontario bars and has practised law in both jurisdictions. She was appointed a member of the Pension Commission of Ontario in 1988, served as its Vice Chair from 1989 to 1993, and Chair from 1994 to 1996. Justice Gillese was Chair of the Financial Services Commission and the Financial Services Tribunal in 1998.
