Is there a presumption of resulting trust in the judgment of the Court of Appeal?
British Columbia, Canada
The following excerpt is from Fleming v. Kwakseestahla, 2010 BCSC 1006 (CanLII):
In my view, as part of that consideration, the court is entitled to apply, in a principled way, the presumption of a resulting trust, although there is another line of authority that appears to be based on a misinterpretation of the decision of Bouck J. in Franssen v. Brown, 2000 BCSC 1268.
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