What is the test for evidence that supports or rebutts a settler’s claim of trust?
Ontario, Canada
The following excerpt is from David Church and Maureen Church v. Andrew Church and Nicola Church, 2010 ONSC 3290 (CanLII):
In assessing the evidence, the defendants rely on the language in Golden v. Howard (2009), 49 E.T.R. (3d) 107, [2009] O.J. No. 2266 (per G.B. Smith J.) at para. 26: “Evidence to either support or rebut a resulting trust is relevant and admissible if it concerns the intention of the settler at the date of the transfer. Evidence before or after the fact is not relevant nor is it relevant that a settler later attempted to retract from his or her gift.”
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