What evidence exists that supports a claim that was made in trust by the Respondent?

British Columbia, Canada

The following excerpt is from Zwiers v. Thompson, 2012 BCSC 1823 (CanLII):

The only evidence in relation to the monies claimed by the claimant is found in Affidavit #10 of the claimant sworn on April 11, 2012. Paragraphs 18, 19, and 21 deal with this subject matter. This evidence, in my view, is insufficient to determine whether the monies being claimed on this application were being held in trust by the respondent on behalf of the claimant or whether the respondent was unjustly enriched by these payments. In particular, the evidence does not allow me to analyze the claimant's claim for a trust or unjust enrichment remedy, as contemplated in Kerr v. Baranow, 2011 SCC 10.

Other Questions

Does the fact that the respondent did not expect the respondent to pay for the domestic services provided by the Respondent have any impact on an unjust enrichment claim? (British Columbia, Canada)
What is the medical evidence that supports medical evidence in support of future care costs? (British Columbia, Canada)
Can a plaintiff who signed an agreement in December 2006 to "renounce any further claim" for spousal support after December 31, 2008 make a new claim for support? (British Columbia, Canada)
Can a party appeal against an order requiring them to produce new evidence to support their claim against the respondent? (British Columbia, Canada)
What is the preponderance of evidence supporting the respondent's claim that his interest in the Mazraa Property constitutes excluded property? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Is there any case law that supports an in trust claim? (British Columbia, Canada)
Does the operation of the title to defeat the claim of a resulting trust or constructive trust as against a third party? (British Columbia, Canada)
Is there any evidence to support a claim for a "waiver of rights accruing from delay"? (British Columbia, Canada)
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.