What evidence is introduced to support or rebut the resulting trust proposition?
British Columbia, Canada
The following excerpt is from Hegel Estate v. Logan, 2014 BCSC 1026 (CanLII):
But as mentioned, the resulting trust proposition is a rebuttable presumption that can be rebutted on the balance of probabilities. Evidence introduced to support or rebut a resulting trust may only concern the intention of the parties at the date of the transfer (Waters at p. 211). The parties’ intention at a later date is not relevant: Ng v. Ng, 2008 BCSC 172 at para. 36.
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