Is there a presumption of resulting trust where there is a transfer of funds without consideration?
British Columbia, Canada
The following excerpt is from Dunn v Baird Estate, 2022 BCSC 498 (CanLII):
The applicants say that a presumption of resulting trust arises where there is a transfer from one person to another without consideration. However, I note the presumption is only used to “tip the scales” in favour of the transferor, if the court is “unable to reach a conclusion about the transferor’s actual intention”: Fuller v. Harper, 2010 BCCA 421 at paras. 44-47.
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