Resulting Trusts in Canada
AbstractThis article looks at the resulting trust and its creation as a response to an event, that of unjust enrichment. The author looks at how and why the resulting trust arises; the role of key presumptions in determining whether or not a resulting trust is present; the role of intention in creating a resulting trust; and how all resulting trusts serve to effect restitution of unjust enrichment. The author argues that Canadian courts have focused on the constructive trust and its relationship with unjust enrichment, to the detriment of achieving understanding in this area. This has left the resulting trust on the sidelines, when it could more appropriately be used to create greater certainty and predictability.
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