Hey Gerry

Some of the important remedial Canadian cases are

Soulos v. Korkontzilas,[1997] 2 SCR 217. This is about wrongdoing (fiduciary duty). It sets forth the principles upon which the remedy will be granted.

Moore v. Sweet, [2018] 3 SCR 303. This is 3rd party case, but paras 89-95 discuss the theory under which a propriety remedy should be given.

Hope that helps.

Best

-----Original Message-----
From: Gerard Sadlier <gerard.sadlier@gmail.com>
Sent: Wednesday, March 1, 2023 1:08 AM
To: obligations@uwo.ca
Subject: Constructive Trusts and Proprietary Estoppel Questions

Dear all

I'd be really grateful for recommendations regarding literature (and references to leading non-UK cases) regarding remedial constructive trusts. (Self-promotion gratefully received.) I'm trying to understand the discretionary factors that motivate those Courts that do recognise remedial constructive trusts to impose them in a given case more fully than I do (doubtless due to my own limitations).

Separately, one question regarding proprietary estoppel that I have never understood is this:

In what circumstances ought the Court to make an order regarding specific property (say an order that a specific farm (the cases do seem to be disproportionately about farms for whatever reason), a house etc. or an interest therein be
transferred) as opposed to an order for financial compensation to satisfy the equity created by reason of such a proprietary estoppel?

Suppose by my conduct I have acted so as to make it inequitable for me to deprive another of an interest in property promised to them (the classic case of "some day all this will be yours my son and until then, please work for me for next to nothing to make it better".) In what circumstances ought I to be obliged to transfer an interest in specific property and in what circumstances ought I to be able to say I will make good the equity by paying money (which will enable the recippient to buy another farm, property, piece of art, whatever the case concerns.)

Kind regards

Ger