What is the test for the presumption of resulting trust in a transfer of assets?

The presumption of resulting trust will not arise in certain circumstances based on the nature of the relationship between the transferor and transferee, and the presumption of advancement (i.e. presumption of gift) will arise, as explained at paras. 27-28 in Pecore: The presumption of resulting trust is the general rule for gratuitous transfers. However, depending on the nature of the relationship between the transferor and transferee, the presumption of a resulting trust will not arise and there will be a presumption of advancement instead: see Waters’ Law of Trusts, at p. 378. If the presumption of advancement applies, it will fall on the party challenging the transfer to rebut the presumption of a gift. Historically, the presumption of advancement has been applied in two situations. The first is where the transferor is a husband and the transferee is his wife: Hyman v. Hyman, 1934 CanLII 324 (SCC), [1934] 4 D.L.R. 532 (S.C.C.), at p. 538. The second is where the transferor is a father and the transferee is his child…