What evidence exists that supports a claim that was made in trust by the Respondent?
British Columbia, Canada
The following excerpt is from Zwiers v. Thompson, 2012 BCSC 1823 (CanLII):
The only evidence in relation to the monies claimed by the claimant is found in Affidavit #10 of the claimant sworn on April 11, 2012. Paragraphs 18, 19, and 21 deal with this subject matter. This evidence, in my view, is insufficient to determine whether the monies being claimed on this application were being held in trust by the respondent on behalf of the claimant or whether the respondent was unjustly enriched by these payments. In particular, the evidence does not allow me to analyze the claimant's claim for a trust or unjust enrichment remedy, as contemplated in Kerr v. Baranow, 2011 SCC 10.
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