What is the test for equity when a property is transferred gratuitously?
British Columbia, Canada
The following excerpt is from Castellan v. Monaghan, 2003 BCSC 594 (CanLII):
It is a trite expression of the law that when property is transferred from one party to another gratuitously, equity presumes a resulting trust. Equity assumes bargains not gifts, see Farrell Estate v. Turner Estate (above).
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