Can a person whose equitable interest in a property is being challenged give value for their legal interest in the property?
British Columbia, Canada
The following excerpt is from Petrick (Trustee) v Petrick, 2019 BCSC 1319 (CanLII):
In Bajwa at para. 16, our Court of Appeal stated that where a person whose equitable interest is being challenged gave value for his or her interest in the property, there can be no resulting trust. Multiple cases from this court have held that in order for a resulting trust to apply, a transferee must have given no value for his or her legal interest: Pavlovich v. Danilovic, 2019 BCSC 153 at para. 43, Mac v Mak, 2016 BCSC 1140 at paras. 119–120, Luo v. Vesterinen, 2017 BCSC 1566 at para. 76.
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