Is there a resulting trust where a non-titled party has contributed directly or indirectly to the acquisition by the title holder of the property or the improvement of such property?
Alberta, Canada
The following excerpt is from Duncan v. Duncan, 1987 CanLII 3468 (AB QB):
A court will find a resulting trust where the non-titled party has contributed directly or indirectly money or money's worth, to the acquisition by the title holder of the property or the improvement of such property. Such circumstances, in the absence of proof to the contrary by the title holder, results in the court inferring or presuming as a matter of law that the title holder intended that the non-titled person should have a beneficial interest in the property: Rathwell v. Rathwell, 1978 CanLII 3 (SCC), [1978] 2 W.W.R. 101; 19 N.R. 91, Dickson, J. (as he then was), at 110.
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