Remedial constructive trust

A remedial constructive trust is a type of constructive trust recognised in Australia, Ireland, New Zealand, Canada and the United States, which allows courts to give a discretionary property remedy for breaches of certain obligations, or to acknowledge various rights. It has not been recognised in English trusts law, although a number of judges have proposed that it be acknowledged.

Australia
In Australia, the justification for the imposition of a remedial constructive trust has been based on the notion of an "unconscionable denial of beneficial interest", usually in property.
 * Muschinski v Dodds (1985) 160 CLR 583
 * Baumgartner v Baumgartner (1987) 164 CLR 137

Canada

 * Lac Minerals Ltd. v. International Corona Resources Ltd. [1989] 2 SCR 574
 * Sun Indalex Finance, LLC v. United Steelworkers 2013 SCC 6