What is the burden of rebutting the presumption of resulting trust?
British Columbia, Canada
The following excerpt is from Fillion v. Fillion, 2011 BCSC 1593 (CanLII):
The presumption of resulting trust is rebuttable. Where a transfer is made for no consideration, the onus is placed on the transferee to demonstrate that a gift was intended: Waters, at 375; Pecore v. Pecore, 2007 SCC 17 at para. 24, [2007] 1 S.C.R. 795. The presumption of resulting trust therefore alters the normal rule that a plaintiff bears the burden in a civil case. Rather, the onus is on the transferee to rebut the presumption of the resulting trust: Pecore, at para. 25.
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