Abstract
The Canadian remedial constructive trust rectifies unjust enrichment and is a discretionary remedy. The Supreme Court of Canada was recently invited to decide a resulting trust claim as a remedial constructive trust correcting unjust enrichment. This would mean that, if unjust gain is established, the resulting trust claimant, instead of asserting a property right, would have to persuade the court that monetary compensation is inappropriate. The question is whether discretion should replace property right in resulting trust situations, and what that change involves.
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