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  • resulting trust accounts for 2 out of 812 casebriefs.

Style of causeRatio

Kerr v Baranow, 2011 SCC 10

Monetary damages are not restricted to quantum meruit.

To demonstrate a joint family venture, the complainant must adduce evidence of:
-mutual effort
-economic integration
-actual intent
-priority of the family

If a joint family venture can be proven, then if the complainant can demonstrate a link between their contributions and that a monetary award would be insufficient, they are entitled to a share of the assets proportionate to their contributions.

In a business joint venture, the 4th consideration is eliminated.

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.