What is the test for a finding of resulting trust?
Ontario, Canada
The following excerpt is from Close v. Close, 1997 CanLII 12253 (ON SC):
The restrictions on a finding of resulting trust have resulted in the expansion and increased use of the doctrine of constructive trust, which may be used to quote the largest definition, “whenever justice and good conscience require it.” (Lord Denning, M.R., in Hussey v. Palmer, [1972] 3 All E.R. 744 (Eng. C.A.)). In order to declare a constructive trust, and craft an appropriate remedy the court must still find: 1. An enrichment 2. A corresponding deprivation, and 3. The absence of any juristic reason for the enrichment.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for terminating a trust where the sole beneficiary of the trust is not entitled to terminate the trust? (Ontario, Canada)
Is a resulting or constructive trust not a constructive trust? (Ontario, Canada)
When will the court make a finding of fact or finding of not finding fact in a personal injury case? (Ontario, Canada)
What is the test for a constructive trust or resulting trust? (Ontario, Canada)
What is the difference between a resulting trust and a constructive trust? (Ontario, Canada)
Does s. 43(2) of the Rules of Civil Procedure apply to a trust in a trust? (Ontario, Canada)
Is there a presumption of resulting trust when a property is held in the name of the parties? (Ontario, Canada)
Is there a resulting trust when a party contributes to the purchase of a property but then gratuitously transfers their title? (Ontario, Canada)
What is the remedy of constructive trust available to a plaintiff in a constructive trust action? (Ontario, Canada)
Does a resulting trust exist when a party makes a financial contribution to the initial purchase of a property but then gratuitously transfers their title to the other party? (Ontario, Canada)
