Waters describes a resulting trust as arising “whenever legal or equitable title to property is in one party’s name, but that party, because he is a fiduciary or gave no value for the property, is under an obligation to return it to the original title owner, or to the person who did give value for it” (op.cit. at p. 362). Like an express trust, the settlor’s intent is important but intent is inferred as a matter of law: Rathwell v. Rathwell, 1978 CanLII 3 (SCC), [1978] 2 S.C.R. 436.
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