Does the operation of the title to defeat the claim of a resulting trust or constructive trust as against a third party?
British Columbia, Canada
The following excerpt is from Lakhani v. Hennig, 2011 BCSC 1007 (CanLII):
The same is true with regards to the operation of the title to defeat the claim of a resulting trust or constructive trust as against a third party. As stated in dissent, but not on this point, by Hall J.A. in Bajwa v. Pannu, 2007 BCCA 260 at para. 23, in the context of a claim of a resulting trust and, in the alternative of unjust enrichment, “Certainly [the title] would be a conclusive matter as between an earlier vendor and bona fide purchaser for value.”
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