What is the effect of a resulting trust on a property?
British Columbia, Canada
The following excerpt is from Brown v. Manuck, 2015 BCSC 1966 (CanLII):
As set out by Justice Cromwell, the underlying notion of the resulting trust is that it is imposed to return property to the person who transferred away legal title to a property while still intending to retain the benefit of it. The resulting trust vindicates the existing right of the transferor by preserving the interest that the transferor never intended to give away. The ultimate question in assessing whether a resulting trust arose is whether the transferor intended to transfer full equitable and legal title to the transferee: see Pecore v. Pecore, 2007 SCC 17 at para. 70.
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