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Abstract Long the leading scholar in the field, and the author of the leading treatise, Professor Donovan Waters has exercised great and beneficial influence on the Canadian law of trusts. One pillar of his international reputation has been his advocacy over a period of some thirty years of the remedial as opposed to the substantive or institutional understanding of the constructive trust. His participation in this seminar offers an opportunity which an agnostic in this matter cannot let pass. This paper therefore has modest analytical objectives. Its purpose is to identify the obstacles to reception of the remedial faith. It must be understood throughout as continually asking whether these difficulties are real or not.
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