How have the courts dealt with the issue of equitable trust in a personal injury application?

In his reasons for decision (at para. 23), the application judge decided to deal with the application applying principles of equity, rather than law: It seems to me that rather than dealing with technical legal arguments, these parties’ rights ought to be resolved in equity. They are family. They commenced their investment as partners – a fiduciary relationship. Their legal rights were expressly made subject to an equitable trust. The partition remedy is ultimately discretionary (Di Felice v. 1095195 Ontario Ltd., 20213 ONSC 1 at paras. 109 to 111). Everything about this case points to a conclusion formed in fairness as between the parties.