What is the test for gratuitous transfer resulting trust?
British Columbia, Canada
The following excerpt is from Bostrom v Bigford, 2019 BCSC 79 (CanLII):
The first species of gratuitous transfer resulting trust arises when one party gratuitously transfers all or part of her interest in held property to another. Equity presumes bargains, not gifts. A transfer will be gratuitous if the transferee does not provide consideration at the time of the transfer: see e.g. Franklin v. Cooper, 2015 BCSC 1819, aff’d 2016 BCCA 447.
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