Can a resulting trust be imposed to return property to the person who paid for the purchase and is beneficially entitled to it?
Ontario, Canada
The following excerpt is from Westlake v. Ellicock, 2022 ONSC 1980 (CanLII):
A resulting trust may be imposed to return property to the person who paid for the purchase and is beneficially entitled to it, from the person who has title to it: Rathwell v. Rathwell, 1978 CanLII 3 (SCC), [1978] 2 S.C.R. 436. In family law, the cases generally deal with situations of gratuitous transfers between spouses.
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