Can a plaintiff claim an interest in a Defendant's assets by way of a resulting trust?
British Columbia, Canada
The following excerpt is from McKinney v. Britton, 1998 CanLII 4704 (BC SC):
Absent a finding of an express trust, the plaintiff claims an interest in the defendant's assets by way of a resulting trust. In support of that claim, the plaintiff relies, among others, on the principles outlined in Brundage v. Campbell.[3] The principle is stated, at paragraph 29, in the following words, "a resulting trust exists where there is an agreement or a common intention expressed or implied to share an asset."
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff claim a proprietary interest in a defendant's pension? (British Columbia, Canada)
What is the test for the presumption of resulting trust in a purchase money resulting trust? (British Columbia, Canada)
Can a husband who has a life interest in a cottage owned by a trust, claim that the cottage is owned by the trust? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Is there any case law where a plaintiff can claim interest on loans she alleges she had to take out to pay for living and other expenses as a result of not being able to work? (British Columbia, Canada)
Is a shareholder of a Real Estate Investment Trust entitled to a claim of diminution in the value of the trust's assets? (British Columbia, Canada)
Does the operation of the title to defeat the claim of a resulting trust or constructive trust as against a third party? (British Columbia, Canada)
Is there any argument to exclude certain assets from the class of family assets in a claim for interim distribution? (British Columbia, Canada)
Can a defendant be liable for causing nervous shock and physical injury to a plaintiff by falsely claiming that her husband had been injured in an accident? (British Columbia, Canada)
What is the test for determining whether a plaintiff has a capital asset under the capital asset approach? (British Columbia, Canada)
