What is the difference between the imposition of a trust and the loss of possession of the property at Downey Street?
British Columbia, Canada
The following excerpt is from Barnaby v. Petersen, 1996 CanLII 2049 (BC SC):
74 In this respect, as noted by Cory J. in Peter v. Beblow, supra, at 640, there are cases where a monetary award is more appropriate than the imposition of a trust. Applying those considerations to this matter I conclude the following: 1.The relationship was of a relatively short duration (i.e. three years). 2.The plaintiff's direct entitlement to the property at Downey Street is relatively small. 3.The plaintiff, after two months of residence at Downey Street, cannot be said to have developed any special attachment to that residence.
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