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  • Wills, Trusts & Estates accounts for 11 out of 812 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.

Clayton v Ramsden [1943] AC 320, 112 LJCh 22, [1943] 1 All ER 16.

No, it is not. If the Court cannot determine precisely when a condition applies, then it is void for lack of clarity.

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 Canada Trust Co and Ontario Human Rights Commission (1990), 69 DLR (4th) 321 (Ont CA).

(1) Racist provisions qualify for public benefit

(2) They are sufficiently certain because we can identify who qualifies

(3) Clearly contrary to public policy.

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 McColgan [1969] DLR 572.

Conclusion: "Until she ceases to reside therein" is a condition subsequent as it is independent to the scope of the right but comes after to defeat it, and it is void for uncertainty.

Re Noble and Wolf, [1949] 4 DLR 375 (Ont CA).

No, because it's not against public policy.

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

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

Re Zachariuc (Chevrier v. the Public Trustee) (1984) 16 ETR 152.

Turning over effective control through secret knowledge constitutes transfer.

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