What is the test for establishing a resulting trust beneficiary for a property owned by the would-be beneficiary?

Manitoba, Canada


The following excerpt is from India Association of Manitoba Inc. et al. v. India School of Dance, Music & Theatre Inc., 2011 MBQB 292 (CanLII):

Waters’ provides at p. 364 “if property is purchased by A, and conveyance or transfer is taken in the name of B, or in the names of both A and B, B becomes a resulting trustee of his interest for A”. Waters’ continues, at p. 365: [An]… essential characteristic is that the claimant (the would-be resulting trust beneficiary) must have “provided the property or equitable interest vested in the person bound by the trust,” as Morrison J. said in Baird v. Columbia Trust Co. This means that either the claimant originally transferred the property in question to the alleged resulting trustee, or that the claimant supplied the whole or part of the purchase price when the property was bought from a third party and transferred into the alleged resulting trustee’s name. … [Emphasis added]

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