Is there a presumption of resulting trust for a person who voluntarily transfers property into his own name jointly with another person?

Ontario, Canada


The following excerpt is from Pecore v. Pecore, 2004 CanLII 5047 (ON SC):

18. In situations such as the present when the transferor, without consideration, voluntarily transfers property to himself and another, a presumption of resulting trust arises, which may be rebutted. In Niles v. Lake, 1947 CanLII 5 (SCC), [1947] S.C.R. 291, [1947] 2 D.L.R. 248 at 254-55 it was stated: The law is well settled, I think, that when a person transfers his own money into his own name jointly with that of another person, except in cases with which we are not concerned, then there is prima facie a resulting trust for the transferor. This presumption, of course, is a presumption of law, which is rebuttable by oral or written evidence or other circumstances tending to show there was in fact an intention to give beneficially to the transferee.

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