What are the legal principles applicable to the claim in trust itself?

British Columbia, Canada


The following excerpt is from Friskie v. Piovesan Estate, 1998 CanLII 2110 (BC SC):

Fourth are the legal principles applicable to the claim in trust, itself. The minority decision of Mr. Justice Dickson in Rathwell v. Rathwell, 1978 CanLII 3 (SCC), [1978] 2 S.C.R. 436 has been described as the lighthouse in this area of law. In it Mr. Justice Dickson discussed resulting trusts at pp. 451-52 in these words: Resulting trusts are as firmly grounded in the settlor's intent as are expressed trusts, but with this difference - that the intent is inferred or is presumed as a matter of law from the circumstances of the case. ... The presumption of a resulting trust is sometimes explained as the fact of contribution evidencing an agreement.... The courts are looking for a common intention manifested by acts or words that property is acquired as a trustee.

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