Is there a resulting trust when a parent makes a gratuitous transfer to an adult child?

The parties agree that there is a presumptive resulting trust when a parent makes a gratuitous transfer to an adult child. The adult child is presumed to hold the property in trust and the parent holds an interest in the asset whether it is real property, money, or some other item. However, this presumption is rebuttable. As Fitzpatrick J. stated in Barber v. Magee, 2015 ONSC 8054, at para. 40: The presumption of resulting trust applies when a parent makes a gratuitous transfer to an adult child…. The presumption is that the adult child is holding the property in trust for the aging parent. In other words, the parent holds an interest in the subject asset whether it is real property, money loaned or some other item. The parent is presumed not to have intended a gift. However, this presumption can be rebutted by the evidence. [citation omitted]