Is there a presumption of advancement or resulting trust when a child shares the property with his mother?
British Columbia, Canada
The following excerpt is from Gollan v. Burnett, 2014 BCSC 2424 (CanLII):
With regards to the first issue, I find that the applicable presumption is one of resulting trust. A resulting trust “arises when title to property is in one party’s name, but that party, because he or she is a fiduciary or gave no value for the property is under an obligation to return it to the original title owner” (Pecore at para. 20), assuming the presumption is not displaced by contrary evidence. The presumption of advancement is no longer applicable when transfers occur between parents and their children (Aujla v. Kaila, 2010 BCSC 1739 at para. 34).
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