How does the presumption of resulting trust apply to a gratuitous transfer of real property?

British Columbia, Canada


The following excerpt is from McKendry v. McKendry, 2015 BCSC 2433 (CanLII):

In Fuller v. Harper, 2010 BCCA 421, D. Smith J.A. elaborated on how the presumption of resulting trust should be applied to a gratuitous transfer of real property. After reviewing Pecore, she wrote (at para. 47):

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