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Canada Case Law

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Property law 2021 BCSC 2455

McKersie v. Macala

The court found the June 1991 transfer of Lot 287 was a gift of 1/3 interests to each couple and dismissed the plaintiffs’ resulting trust claim.

  • Inter vivos gift
  • Resulting trust
  • Presumption of advancement
  • Tenancy in common
  • Subdivision/land use
  • Credibility of evidence
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Property law 2020 BCSC 501

Schnurr v. Baldwin

The court found the parties intended a temporary transfer of title to secure financing, creating a trust in favour of Schnurr except for Baldwin’s $10,000 interest.

  • Express trust
  • Resulting trust
  • Parol evidence
  • Unjust enrichment
  • Conversion of chattels
  • Conduct of sale
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.