What is the test for establishing a trust in a commercial transaction?

Ontario, Canada


The following excerpt is from 1698496 Ontario Limited et. al. v Zoberi et.al., 2015 ONSC 6565 (CanLII):

First, he asserts that in a normal commercial transaction, one party generally does not hold property in trust for the benefit of the other. I reject that assertion for two reasons. First, there is the purchase money resulting trust, which seems to exist for the express purpose of dealing with, inter alia, commercial transactions where one party does not take title to the property. Second, there are a number of other trusts that have been found to exist in commercial circumstances. Indeed, the Soulos v. Korkontzilas decision I cited in my previous reasons contains a detailed discussion on the types of trusts, and when they have been found to exist. It is a broad, equitable remedy designed to remedy wrongs such as the ones that were committed by the Defendants in this case.

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)
What is the test for establishing a constructive trust? (Ontario, Canada)
What is the test for establishing a trust in a management agreement? (Ontario, Canada)
What is the test for establishing nexus between coming and going from a place before and after drug transactions? (Ontario, Canada)
Does a party have to establish a permanent residence to establish habitual residence? (Ontario, Canada)
What is the test for establishing that a grantor intended to transfer a property to a trust? (Ontario, Canada)
Does s. 43(2) of the Rules of Civil Procedure apply to a trust in a trust? (Ontario, Canada)
Is a resulting or constructive trust not a constructive trust? (Ontario, Canada)
What is the remedy of constructive trust available to a plaintiff in a constructive trust action? (Ontario, Canada)
If the parties cannot agree as to the costs of a commercial tenant in a commercial property, can the tenant and the landlord agree to pay the costs? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.