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  • Wills, Trusts & Estates accounts for 6 out of 654 casebriefs.

Style of causeRatio

Bulun Bulun v R & T Textiles, [1998] ALR 157

Equity will not automatically impose a constructive trust.
** Equity will only be invoked if there is a need for a just remedy -- might be imposed to prevent the fiduciary from retaining an unconscionable benefit.

Pecore v. Pecore, 2007 SCC 17

A presumption of resulting trust is the general rule for gratuitous transfers. A presumption of advancement will apply only to gratuitous transfers from parents to minor children.

Peter v Beblow, [1993] 1 SCR 980

There are no obligations for services between common law spouses.

Re Leonard Foundation Trust (1990),69 DLR (4th) 321 (ON CA)

A condition in a trust (if in the public sphere) can be declared invalid for reasons of public policy.
** In such cases, courts will apply the cy-pres doctrine to remove only the invalid conditions.

Re Sorensen & Sorensen (1977), 90 D.L.R. (3d) 26 (Alta CA)

The failed attempt to created an express trust severed the joint tenancy.

Soulos v Korkontzilas, [1997] 2 SCR 217

Breach of fiduciary duty of loyalty may lead to the imposition of a constructive trust; based on the following factors:
** 1. Defendant must have been under equitable obligations regarding activities connected to acquiring property in question
** 2. Assets acquired through breach of obligations
** 3. Plaintiff has legitimate reason for seeking proprietary remedy (personal and/or societal)
** 4. No factors rendering imposition of CT unjust