What is the test for rebutting a presumption of resulting trust?
British Columbia, Canada
The following excerpt is from Dhaliwal v. Ollek, 2010 BCSC 1524 (CanLII):
In circumstances involving gratuitous transfers, there exists a presumption of resulting trust. The presumption of resulting trust can be rebutted by evidence of a contrary intention, on a balance of probabilities. The onus is on the transferee to rebut the presumption: Waters at 375; Pecore v. Pecore, 2007 SCC 17, [2007] 1 S.C. R. 795 (S.C.C.) at paras. 24, 25, 44.
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