Is there a presumption of resulting trust where the evidence establishes that the transferee gave value for the transfer?

British Columbia, Canada


The following excerpt is from Kuo v. Kuo, 2014 BCSC 519 (CanLII):

John submits there is no presumption of resulting trust where the evidence establishes that the transferee gave value for the transfer. He relies on Bajwa v. Pannu, 2007 BCCA 260. In that case, the plaintiffs and the defendant had purchased a property as joint tenants; however, two of the joint tenants, the plaintiffs, claimed that the defendant had not contributed to the purchase and should not be found to be any interest in the property. The evidence was that the plaintiffs paid the down payment and all of monthly payments on the mortgage and the contribution of the defendant was to agree to act as a covenantor on the mortgage.

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