Principles of Equity

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, 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.

First, we’re going to study Jerry Garcia’s will. Next we’ll look at another kind of trust, which is explained in this affidavit on the history of the Stanley Cup and in an article I wrote about who really owns the Stanley Cup. During this lecture, we’ll finally talk about the misappropriation of traditional knowledge and the possible role of fiduciary duties and constructive trusts by studying the BulunBulun case at pages 517-525 of the casebook. Those are the readings for our special Monday session in FTX 302 on November 30.

Then we’ll cover resulting trusts, at pages 466-478. We will also introduce the remedial constructive trust, which is discussed on pages 508-525.

Finally, 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 478-508 deal with this topic.