Can a resulting trust arise where there was a direct or indirect contribution by the petitioner to the petitioner's estate?
Manitoba, Canada
The following excerpt is from Desrochers v. Buydens, 2006 MBCA 117 (CanLII):
2 We agree with counsel for the petitioner that this case falls or stands on the issue of credibility. There was no dispute that a resulting trust may arise where there are factual findings of contribution, either direct or indirect, and a common intention that the non-titled spouse should have a beneficial interest in the property. See Rawluk v. Rawluk, 1990 CanLII 152 (SCC), [1990] 1 S.C.R. 70 at 81-82. Counsel for the respondent acknowledges that, at a minimum, an indirect contribution was present in this case.
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