Does a person who has not written a letter of intent to convey land as a trustee have the right to claim it as his own?
Saskatchewan, Canada
The following excerpt is from Auger v. Auger, 1965 CanLII 461 (SK CA):
This statement was quoted with approval by Estey, J., in Pahara v. Pahara, 1945 CanLII 23 (SCC), [1946] 1 D.L.R. 433 at p. 442, [1946] S.C.R. 89, and followed by Martin, C.J.S., in Owchar v. Owchar, 1949 CanLII 160 (SK CA), [1949] 2 D.L.R. 432 at p. 438, [1949] 2 W.W.R. 97, where he said: The absence of writing will not enable a person who knows that land was conveyed to him as a trustee to claim it as his own: Rochefoucauld v. Boustead, [1897] 1 Ch. 196.
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