Simon looking earnest in Preveza, Greece
Simon Shields, LLB

Online Law Since 2005 (Ontario)

Simon Shields, LLB
simonshields@isp.com
Legal Guides
tenant / small claims / welfare (ontario works) / odsp / human rights / employment / consumer /
collection agencies / criminal injuries compensation / sppa (admin law)
/ line fences / animal cruelty / dogs & cats / wild animal law (all Canada) / war

home / about / client testimonials / subject areas / about self-representation / conditions of guide use

Legal Topics in the Works




Equity - Resulting Trust

Farkas v. Bedic (Ont CA, 2016)

In this case the court makes some succinct comments on the constituent elements of resulting trusts:
[18] ..... A resulting trust is an arrangement where one person holds property for the benefit of another and typically is created or implied when title to the property is transferred to a party who did not provide any value for it. Unless the transfer is held to be a gift, the party is required to return the property to the true owner. Legally, the beneficial interest in the property “results” to the person who transferred legal title: see Pecore v. Pecore, 2007 SCC 17 (CanLII), [2007] 1 S.C.R. 795, at para. 24.

.....

[20] ..... Whether a resulting trust is created or implied depends on the intent of the transferor at the time of transfer. Although the transferor gives another person legal title to the property, the transferor does not intend the other person to have a beneficial interest in the property. Thus, the other person holds the beneficial interest in trust for the transferor: Pecore v. Pecore at para. 5.

Law Society Number #37308N / Website © Simon Shields 2005-2019