Does the presumption of resulting trust apply where there is no evidence available to establish that the transfer of property was intended as a gift?
British Columbia, Canada
The following excerpt is from Kuo v. Kuo, 2014 BCSC 519 (CanLII):
The presumption of resulting trust applies where there is a gratuitous transfer of property and there is no evidence available to establish that the transfer of the property was intended as a gift: Pecore, at para. 24 (see also Madsen Estate v. Saylor, 2007 SCC 18 at para. 17).
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