What is the legal test for spousal claim of resulting trust?
British Columbia, Canada
The following excerpt is from Melchior v. Pricewaterhouse Coopers et al, 2007 BCSC 136 (CanLII):
With respect to a spousal claim of resulting trust, the difficulty in establishing it can be found in the observation of by Dickson J. (as he then was) in Rathwell v. Rathwell, 1978 CanLII 3 (SCC), [1978] 2 S.C.R. 436 where at ¶17 he stated: “There is seldom prior express agreement. There is rarely implied agreement or common intention, apart from the general intention of building a life together.”
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