What is the test for establishing that a grantor intended to transfer a property to a trust?
Ontario, Canada
The following excerpt is from Ajayi v Oziegbe, 2017 ONSC 2732 (CanLII):
Further, it is presumed that when there is a gratuitous transfer, that the grantor intended the property to be held in trust. With that presumption in mind, a trial judge then considers all of the facts to determine the grantors actual intention (see Kerr v. Baranow, 2011 SCC 10 (CanLII), [2011] 1 S.C.R. 269 at paras. 17 to 19, and the cases cited therein).
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