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  • constructive trust accounts for 4 out of 705 casebriefs.

Style of causeRatio

Bulun Bulun v R & T Textiles, [1998] ALR 157

Equity will not automatically impose a constructive trust.
** Equity will only be invoked if there is a need for a just remedy -- might be imposed to prevent the fiduciary from retaining an unconscionable benefit.

Peter v Beblow, [1993] 1 SCR 980

There are no obligations for services between common law spouses.

Rawluk v Rawluk [1990], 1 SCR 70.

The constructive trust remedy can be utilized by unmarried cohabitants. It would not only be inequitable but would also contravene the provisions of s. 64(2) if married persons were precluded by the Family Law Act, 1986 from utilizing the doctrine of remedial constructive trust which is available to unmarried persons.

Soulos v Korkontzilas, [1997] 2 SCR 217

Breach of fiduciary duty of loyalty may lead to the imposition of a constructive trust; based on the following factors:
** 1. Defendant must have been under equitable obligations regarding activities connected to acquiring property in question
** 2. Assets acquired through breach of obligations
** 3. Plaintiff has legitimate reason for seeking proprietary remedy (personal and/or societal)
** 4. No factors rendering imposition of CT unjust