What is the test for a claimant to take advantage of a resulting trust?
British Columbia, Canada
The following excerpt is from Fillion v. Fillion, 2011 BCSC 1593 (CanLII):
In order to take advantage of a purchase money resulting trust, the claimant must show that he, in fact, advanced the purchase money (or a portion of the purchase money), and that he acted throughout as a purchaser and not as a lender or creditor for the alleged trustee who holds legal title to the property: Waters, at 368. See also Beaverstock v. Beaverstock, 2011 BCCA 413, at para. 9.
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