What is the test for a bank manager who advances money in a family context?

British Columbia, Canada


The following excerpt is from Weinhaupl v Paracy, 2017 BCSC 1662 (CanLII):

In determining the intent of the person who advances money in a family context, the court must weigh all of the evidence to determine whether the presumption of resulting trust has been rebutted; it will depend on the facts of each case: Pecore v. Pecore, 2007 SCC 17 at para. 55.

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