The legal framework governing this case is not controversial, but neither is it intuitively obvious. For reasons grounded in the history of the courts of common law and equity, our law distinguishes two kinds of ownership of property: legal and equitable, or beneficial; Pecore v. Pecore, 2007 SCC 17 at para. 4. The paradigm case is that of a trust. It is characteristic of a trust that a trustee holds legal title to the trust property, while a beneficiary holds equitable title.
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