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  • trusts accounts for 2 out of 812 casebriefs.

Style of causeRatio

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.

Rawluk v Rawluk [1990], 1 SCR 70.

The constructive trust remedy can be utilized by unmarried cohabitants. It would not only be inequitable but would also contravene the provisions of s. 64(2) if married persons were precluded by the Family Law Act, 1986 from utilizing the doctrine of remedial constructive trust which is available to unmarried persons.