s 45 Constructive trustee
(1) Subject to subsection (2), where a person makes or receives any profit, gain or advantage from a breach of trust he shall be deemed to be a constructive trustee of that profit, gain or advantage. (2) Subsection (1) shall not apply to a bona fide purchaser of property for value and without notice of a breach of trust. (3) A person who is or becomes a constructive trustee shall deliver up the property of which he is a constructive trustee to the person properly entitled to it. (4) This section shall not exclude any other circumstances under which a person may be or become a constructive trustee.