What are the implications of the presumption of resulting trust and the equitable principle of unjust enrichment?

British Columbia, Canada


The following excerpt is from A.M. v. S.T.M., 2009 BCSC 713 (CanLII):

Issues over the application of the presumption of resulting trust, and of the application of the equitable principle of unjust enrichment, arose in Bajwa v. Pannu, 2006 BCSC 921, 57 B.C.L.R. (4th) 161, aff’d 2007 BCCA 260, 66 B.C.L.R. (4th) 192. There, the plaintiff, her mother, and the defendant were on the title as joint tenants. However, the defendant had made no financial contribution toward the property at the time of purchase or thereafter. He had assisted in bringing about the purchase by engaging a realtor, and securing the mortgage as a covenantor. The plaintiff sought a declaration that the defendant held a one third interest in the property on a resulting trust for her. The defendant sought a declaration that he held an undivided one third interest in the property, and an order of partition and sale.

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