What are the presumptions of advancement and resulting trust in the transfer of condominiums?
British Columbia, Canada
The following excerpt is from Zhu v. Li, 2009 BCCA 128 (CanLII):
Having rejected the explanations of both parties for the transfer of the Vancouver condominiums on June 23, 2005, the trial judge turned to the presumption of advancement, discussed in Pecore v. Pecore, 2007 SCC 17, [2007] 1 S.C.R. 795, to assist in determining what effect should be given to those transfers. Pecore dealt with the presumption of resulting trust and the presumption of advancement in the context of an estate involving a gift from a parent to a child. Rothstein J. defined the two presumptions at paras. 27-28:
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