What is the test for establishing a constructive trust between a husband and wife?

Canada (Federal), Canada

The following excerpt is from Okonski v. The Queen, 2008 TCC 142 (CanLII):

The doctrines of constructive and resulting trusts have been developed primarily to resolve the inequity surrounding the division of property following marital breakdowns. However, this is not to say that the doctrines are limited to relationships between spouses. In order to establish the existence of a resulting trust, a person must show that he or she had made a contribution towards the acquisition of the property and that there was a common-intention that the non‑titled person should have a beneficial interest in that property (Rawluk v. Rawluk, 1990 CanLII 152 (SCC), [1990] 1 S.C.R. 70 at paragraph 18).

Other Questions


Is there a constructive trust or constructive trust for the return of property acquired by mistake? (Canada (Federal), Canada)
When a husband breaches a life insurance agreement that expressly requires the husband to maintain the policy, does the wife have a right to enforce the agreement at the time the husband breached the agreement? ("New York", United States of America)
When a husband and wife are living together in a marital home, does the wife have a presumption of ownership over the furniture that was formerly owned by the husband and brought into the marital home? ("New York", United States of America)
Does a husband's right of survivorship affect property held by husband and wife as tenants by the entirety? ("New York", United States of America)
What is the test for establishing that a husband intended to give his wife the survivorship of her share in a joint investment? ("New York", United States of America)
Does a husband's common law right to control and use his wife's real estate change when the husband dies? ("New York", United States of America)
What is the test for establishing that there is clear established Federal law governing the meaning of the word "clearly established federal law"? (MultiRegion, United States of America)
What is the test for establishing that a trust fund has been established for the purpose of augmenting the property passing to a receiver? (MultiRegion, United States of America)
When a beneficiary of a trust receives dividends from the trust, does the beneficiary have to pay tax on the net income of the trust? ("New York", United States of America)
Can a stranger to the trust be held liable as a constructive trustee for breach of trust? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.