Is there a presumption of resulting trust when a property is held in the name of the parties?

Ontario, Canada


The following excerpt is from McIntyre v. Winter, 2020 ONSC 4376 (CanLII):

In Johnston v. Song, 2018 ONSC 1005, Sheard J. stated the following with the presumption of resulting trust at paragraphs 23 and 24 of her decision: 23. A resulting trust arises when title to property is owned one person’s name but that party, because he gave no value for the property is under an obligation to return it to the original titleholder. In certain circumstances there may be a presumption of resulting trust. The presumption of resulting trust is a rebuttable presumption in law that applies to gratuitous transfers. If a presumption of resulting trust applies, the transferor is presumed to have intended to retain beneficial ownership of the property. Where a transfer is made for no consideration, the onus is placed on the transferee to demonstrate that a gift was intended. The onus of proof is a civil standard: the balance of probabilities. 24. By virtue of section 14 of the Family Law Act, property that is held in the name of spouses as joint tenants is proof, in the absence of evidence to the contrary, that the spouses intended to own the property as joint tenants. However, under that section, spouse is defined to mean persons who are married to each other. Here, the parties are not married and, therefore, the common law presumption of resulting trust applies

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