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. 2 SCR 574 Sun Indalex Finance, LLC v. United Steelworkers 2013 SCC 6
See also Thorner v Majors UKHL 18, per Lord Scott Westdeutsche Landesbank Girozentrale v Islington LBC, per Lord Browne-Wilkinson
References P Birks, 'Rights, Wrongs and Remedies' (2000) 1 OJLS 1