What is the equitable doctrine of advancement and resulting trust as they apply between spouses?

Newfoundland and Labrador, Canada


The following excerpt is from Quigley-McKay v McKay, 2020 NLCA 26 (CanLII):

Section 31 modified the equitable doctrines of advancement and resulting trust as they applied between spouses. For a discussion of these doctrines see Pecore v. Pecore, 2007 SCC 17, [2007] 1 S.C.R. 795 at paras. 20-23. Section 31 also resulted from recommendations of the Gushue Study. It had recommended, amongst other things, that the presumption of advancement in favour of a wife (on the establishment by the husband of a joint bank account, on transfer of property to the wife without consideration, or where title to property purchased by the husband is placed in the wife’s name) be abolished.

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