In England the constructive trust is characterised as institutional, arising by operation of law at the time of a recognised triggering event. In Canada and Australia the
remedial constructive trust is recognised through the exercise of judicial discretion to secure equity and justice. In fact, the categories of constructive trust are not as distinct as orthodoxy dictates. Motivated by the aim of seeking harmonisation where possible, this paper proposes a new model of constructive trust, the modified constructive trust, which embodies the institutional core but modified by reference to recognised principles.
