In Canada and the United States, the constructive trust is a proprietary remedy awarded mainly to prevent unjust enrichment or to deter wrongdoing; the remedy gives the plaintiff an equitable proprietary interest in the disputed asset, as opposed to simply a money claim for the value of the...

This article was written for an Insolvency Law Teaching and Research Workshop run by the University of Southern Queensland in Brisbane earlier this year. It gives an account of the commercial bankruptcy law reform process in Canada with particular reference to three issues: (1) the disclaimer,...