What is the burden of proof against two presumptions: resulting trust and indefeasible title?
British Columbia, Canada
The following excerpt is from Dhaliwal v. Ollek, 2010 BCSC 1524 (CanLII):
If this was a case where the evidence was evenly balanced, I would more thoroughly discuss the two presumptions and who has the burden of proof of challenging each, a subject that was touched on in Demir v. Peyman, 2009 BCSC 445 at paras. 9-10. But both presumptions – resulting trust and indefeasible title -- are rebuttable by evidence as to the parties’ actual intentions. In this case, the parties’ intentions can readily be discerned from a consideration of the totality of the evidence.
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