Can a unilateral transfer (or transfer that is not for value) generate trust?
Alberta, Canada
The following excerpt is from Canadian Western Bank v. 702348 Alberta Ltd., 2012 ABQB 89 (CanLII):
A unilateral transfer (or transfer that is not for value) would generate a resulting trust. One party, Guild, suffers a deprivation, loss of control of the lien funds. Another, 702348, receives a corresponding benefit, clear title to the Lands. Absent the intention to make a gift, or value exchanged for the transfer of funds, Guild would have an equitable right to the lien funds: Pecore v. Pecore, 2007 SCC 17 at paras. 43-44, [2007] 1 SCR 795.
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