What is the test for a bank manager who advances money in a family context?
British Columbia, Canada
The following excerpt is from Savost’Yanova v. Chui, 2015 BCSC 516 (CanLII):
In determining the intent of the person who advances money in a family context, the court must weigh all of the evidence to determine whether the presumption of resulting trust has been rebutted; it will depend on the facts of each case: Pecore v. Pecore, 2007 SCC 17 at para. 55.
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