Can a financial institution document be used to rebut the presumption of resulting trust in a personal injury case?
British Columbia, Canada
The following excerpt is from Kolic v Kolic, 2019 BCSC 1463 (CanLII):
In Madsen Estate v. Saylor, 2007 SCC 18, Rothstein J. for the majority held that financial institution documents along with testimony in relation to them did not constitute sufficient evidence to rebut the presumption of resulting trust in that case:
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