This lesson looks at principles of equity, a topic that has been mentioned earlier in this course and likely examined in other courses as well. The focus is on the modern law of trusts, including express, resulting and constructive trusts.
Ancient rules will be presented only on a need-to-know basis (and there is some need-to-know), as our focus will be on contemporary issues and current events. The lesson also draws a link between intellectual property, equity, Aboriginal rights and cultural misappropriation.
We’ll divide the topic into two classes: one on the origins of equity and the modern law of resulting trusts, and the other constructive trusts and contemporary approaches to the division of family property.
For our first class explaining the origins of equity, and introducing express and resulting trusts, read pages 461-487.
Then, our coverage of equity and trusts moves to unjust enrichment and constructive trusts, which are extremely important complements to the statutory provisions of family law legislation in every province throughout Canada. Pages 487-510 deal with this topic.