In what circumstances will a court infer a resulting trust?
British Columbia, Canada
The following excerpt is from Luo v Vesterinen, 2017 BCSC 1566 (CanLII):
In order for the court to infer a resulting trust, the person said to be the trustee must have given no value for his or her legal interest. Thus, if the court finds as a fact that the person whose equitable interest is challenged did give value, there can be no resulting trust. Whether value was given is a question of fact to be determined on the evidence in each case: Bajwa v. Pannu, 2007 BCCA 260 at para. 16.
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