What is the test for the presumption of advancement and the equitable principles of unjust enrichment?
British Columbia, Canada
The following excerpt is from Lindquist v. Waring, 2007 BCSC 205 (CanLII):
Application of the presumption of advancement and the equitable principles of unjust enrichment in this particular context both depend upon the intention of the parties at the time the property was purchased: Skender v. Skender (2005), 138 A.C.W.S. (3d) 959, 2005 BCSC 418, aff’d (2006), 52 B.C.L.R. (4th) 6, 2006 BCCA 162. Thus, regardless of whether it is the statutory presumption or the common law presumption that applies, the test is the same.
"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 the presumption of equitable principles be displaced by equitable principles? (British Columbia, Canada)
What are the implications of the presumption of resulting trust and the equitable principle of unjust enrichment? (British Columbia, Canada)
What are some examples of unjust enrichment where a court found unjust enrichment when a plaintiff removed her elderly mother from Canada to live with her in Guatemala? (British Columbia, Canada)
What is the test for considering unjust enrichment in the context of a claim for equitable enrichment? (British Columbia, Canada)
What is the equitable remedy of unjust enrichment when there is an agreement between the parties? (British Columbia, Canada)
Can the remedy of unjust enrichment be used to displace the statutory doctrine of unlawful enrichment? (British Columbia, Canada)
What is the difference between the presumption of resulting trust and presumption of advancement? (British Columbia, Canada)
How have the courts in BC considered the principles of unjust enrichment and resulting trust in real property? (British Columbia, Canada)
Does the principle of unjust enrichment apply to family law cases? (British Columbia, Canada)
What is the test for the principle of unjust enrichment and the remedy of constructive trust? (British Columbia, Canada)
