June 17, 2026 – Remedial Constructive Trusts

“A remedial constructive trust is appropriate where: a) a monetary award would be insufficient for reasons which may include the probability of recovery or where there is a reason to grant a party additional rights that flow from a proprietary remedy; and b) where there is a “sufficiently substantial and direct link”, causal connection or nexus between the contributions and the acquisition, preservation, maintenance or improvement of the property in question: Kerr, at paras. 50, 52; Moore, at para. 91; and Peter v. Beblow, 1993 CanLII 126 (SCC), [1993] 1 S.C.R. 980, at pp. 988-89. Where such a link is shown, the court may impose a constructive trust over the plaintiff’s proportionate contribution: Moore, at para. 91; Kerr, at para. 53.”

          Aghdasi v. Asiyaban, 2024 ONSC 3472 (CanLII) at 121

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