What is the test for rebutting the presumption of indefeasible title?

British Columbia, Canada


The following excerpt is from Yang v. Zhang, 2017 BCSC 524 (CanLII):

However, the presumption of indefeasible title may be rebutted "to take into account the underlying equitable interests between the parties": R.B.M. Financial al v. Pollard et al, 2006 BCSC 1788 at para. 29. The equitable principles that may be relied upon include the presumption of resulting trust that applies where property is purchased in the name of one party but with funds provided by another party. In such a case, the law generally presumes the party receiving the funds holds the property in trust: Pecore v. Pecore, 2007 SCC 17. If that presumption applies and is not rebutted, the statutory presumption found in s. 23(2) of the Land Title Act will be displaced: Dhaliwal v. Ollek, 2012 BCCA 86.

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