In support of the respondent's position in a personal injury case, in what circumstances will the respondent be required to return the property to the original owner?

In support of the respondent’s position counsel cited the case of Fuller v. Fuller Estate 2010 BCCA 421, Smith J.A. discusses the issue of resulting trust. At para. 44 he states: 44 Pecore is the leading decision on the application of the presumption of resulting trust in circumstances of a gratuitous transfer. The presumption is "a legal assumption that a court will make if insufficient evidence is adduced to displace the presumption" (Pecore at para. 22). It arises when "title to property is in one party's name, but that party, because he or she is a fiduciary or gave no value for the property, is under an obligation to return it to the original title owner: Waters' Law of Trusts in Canada (3d ed. 2005), at p. 362" (Pecore at para. 20).