Casebriefs about: resulting trust
|Style of cause||Ratio|
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:
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.