What is the test for establishing a resulting trust for the transferor?

Nova Scotia, Canada


The following excerpt is from Hood Estate v. Young, 2008 NSSC 146 (CanLII):

The applicable law is set out in Niles v. Lake (1947), 1947 CanLII 5 (SCC), 2 D.L.R. 248: “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 this 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 of giving beneficially to the transferee. All these authorities, as well as many others which it would be superfluous to cite here, clearly indicate that a mere gratuitous transfer of property, real or personal, although it may convey the legal title, will not benefit the transferee unless there is some other indication to show such an intent, and the property will be deemed in equity to be held on a resulting trust for the transferor.”

Other Questions


Can a beneficiary of a deceased's trust request to terminate the trust at the age of 19? (Nova Scotia, Canada)
What is the test for establishing that evidence is sufficient to establish that there is cause of concern? (Nova Scotia, Canada)
In what circumstances will a judge order costs for work "thrown away" as a result of an adjournment granted on the first day of a trial? (Nova Scotia, Canada)
What evidence is required to establish an occupational disease? (Nova Scotia, Canada)
Can a contingency for future loss of income be proven and established on the record? (Nova Scotia, Canada)
What is the range of damages for a manager who refused to accept a change in duty and was subsequently dismissed as a result? (Nova Scotia, Canada)
Is a plaintiff entitled to general damages for continuing loss of earning capacity as a result of her motor vehicle accident? (Nova Scotia, Canada)
What is the test for establishing that a person is mentally competent to produce evidence in a family law proceeding? (Nova Scotia, Canada)
What is the test for establishing that negligence is not the sole cause of injury? (Nova Scotia, Canada)
What is the test for credibility and trust in evidence in a family law case? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.