Can a resulting trust arise when title to property is in one party's name but that party is a fiduciary or gave no value for the property?

British Columbia, Canada


The following excerpt is from Roger (Re), 2018 BCSC 169 (CanLII):

A resulting trust arises when title to property is in one party's name, but that party, because he or she is a fiduciary or gave no value for the property, is under an obligation to return it to the original title owner: Pecore v. Pecore, 2007 SCC 17 at para. 20.

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