What is the current state of the law regarding the presumption of advancement in the Torrens system?

British Columbia, Canada


The following excerpt is from McLaughlin v. McLaughlin, 2008 BCSC 296 (CanLII):

This court has held in Skender v. Skender 2005 BCSC 418, that the statutory presumption in the Torrens system may be displaced by two equitable principles, namely, (1) the presumption of an advancement; or (2) the enforcement of an agreement between the parties in order to prevent an unjust enrichment if the face of the title is upheld. In other words, if the court finds that there is an agreement between the parties, that one party holds property in trust for the other, the court can enforce the agreement between the parties to prevent the unjust enrichment that the face of the title would provide if upheld.

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