As stated by Madam Justice Dorgan at para. 13 of Skender v. Skender, 2005 BCSC 418, aff’d 2006 BCCA 162, 52 B.C.L.R. (4th) 6: The statutory presumption that the person named on the title is indefeasibly entitled to an estate in fee simple may be displaced by two equitable principles, namely: (1) the presumption of advancement; (2) the enforcement of an agreement between the parties in order to prevent an unjust enrichment if the face of a title is upheld. As the presumption of advancement does not apply in this case, the question is whether the second equitable principle cited by Madam Justice Dorgan applies to displace the statutory presumption – that is, is there evidence of an agreement or intention between the parties that is contrary to the registered interests in title, such that it would be unjust to uphold the title?
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