A constructive trust is an equitable remedy that may be imposed where one person has been unjustly enriched at another person's expense and a proprietary remedy is justified.
Unlike an express trust, a constructive trust does not arise because the parties deliberately created a trust relationship. Instead, it is imposed by a court to prevent a person from retaining property where doing so would be inequitable. In Canadian law, unjust enrichment generally requires an enrichment of one party, a corresponding deprivation of another, and the absence of a juristic reason that legally justifies the enrichment.
Where a monetary award is insufficient and the claimant can demonstrate an appropriate connection between the contribution or deprivation and particular property, a court may recognize a beneficial interest in that property through a constructive trust.
A resulting trust operates differently. It generally arises from presumed intentions or circumstances surrounding the transfer or acquisition of property, such as where one person provides purchase money but title is placed in another person's name. “Social trust” is not the applicable equitable classification, while “private trust” is a broad category rather than the specific remedy produced by unjust enrichment.
Therefore, the appropriate answer is constructive trust.
FPII reference/topic: Estate Planning — trusts; equitable remedies; constructive trusts; unjust enrichment.
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