Deconstructing the Constructive Trust


  • Leonard I. Rotman



With the Supreme Court of Canada's judgment in Soulos v. Korkontzilas, the constructive trust has again become the subject of contention in Canadian law. Over the years, jurists and scholars have generated significant debate over the nature and function of the constructive trust and where it ought to be used. While constructive trusts have been implemented in a variety of situations, there has not always been agreement over whether all such uses are appropriate. This debate continued in the Supreme Court of Canada's decision in Soulos. While the majority decision in Soulos has clarified the availability of the constructive trust in Canadian law, the open-endedness of the majority judgment and the vociferous dissent suggest that the issue may not yet be put to rest. In this article, the author critically examines the Soulos judgment and its potential effects on the law of constructive trusts in Canada.