What is the test for a fiduciary to return a property to its original owner?
Newfoundland and Labrador, Canada
The following excerpt is from Thorne v. Thorne, 2018 NLSC 220 (CanLII):
We must first recognize that a resulting trust of itself means the added party to the account who gave no value to that account is therefore a fiduciary and is required to return it to the original owner, the creator of the account, and so, therefore, the Estate (see Pecore v. Pecore, 2007 SCC 17 at paragraph 20). Advancement
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