Can the presumption of equitable principles be displaced by equitable principles?
British Columbia, Canada
The following excerpt is from McInerney v. Laass, 2015 BCSC 1708 (CanLII):
The presumption can be displaced by equitable principles including the enforcement of an agreement between the parties to prevent unjust enrichment if the face of the title is upheld (Skender v. Skender, 2005 BCSC 418, aff’d 2006 BCCA 162 at para 13; Kiyon v. Lanegraff, 2007 BCSC 1299).
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