McInerney v. Laass et al., [2015] B.C.T.C. Uned. 1708
| Judge | G.P. Weatherill, J. |
| Court | Supreme Court of British Columbia (Canada) |
| Case Date | September 22, 2015 |
| Jurisdiction | British Columbia |
| Citations | [2015] B.C.T.C. Uned. 1708;2015 BCSC 1708;[2015] B.C.T.C. Uned. 1708 (SC) |
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7 practice notes
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Dusanjh v. Appleton, 2017 BCSC 340
...2012) at 204; Re Kayford, [1975] 1 All E.R. 604 at 607. Even conduct may suffice. The question is one of fact: McInerney v. Laass, 2015 BCSC 1708 at para. … In the absence of formal documentation creating a trust, the court may infer an intention to create a trust from the surrounding circu......
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Fellowship Deaconry Association of British Columbia v. Fellowship Deaconry, Inc., 2019 BCSC 1476
...intention may be determined on the basis of a formal trust document or inferred from the surrounding circumstances: McInerney v. Laass, 2015 BCSC 1708 at para. 40. If any one of these certainties does not exist, the trust does not come into [59] Both parties argue that the intention is clea......
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Xu v. Hu,
...para. 45. [13] The onus of establishing each of the certainties lies with the party asserting the trust’s existence: McInerney v. Laass, 2015 BCSC 1708 at para. 36. The standard of proof is the usual civil balance of probabilities: Pavlovich v. Danilovic, 2020 BCCA 239 at para. 27. [14] Cer......
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Virk v. Singh, 2020 BCSC 225
...Weatherill noted that the court can consider the conduct of the parties to determine certainty of intention in McInerney v. Laass, 2015 BCSC 1708: [40] Certainty of intention is a question of fact. In the absence of formal documentation creating a trust, the court may infer an intention to ......
Request a trial to view additional results
7 cases
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Dusanjh v. Appleton, 2017 BCSC 340
...2012) at 204; Re Kayford, [1975] 1 All E.R. 604 at 607. Even conduct may suffice. The question is one of fact: McInerney v. Laass, 2015 BCSC 1708 at para. … In the absence of formal documentation creating a trust, the court may infer an intention to create a trust from the surrounding circu......
-
Fellowship Deaconry Association of British Columbia v. Fellowship Deaconry, Inc., 2019 BCSC 1476
...intention may be determined on the basis of a formal trust document or inferred from the surrounding circumstances: McInerney v. Laass, 2015 BCSC 1708 at para. 40. If any one of these certainties does not exist, the trust does not come into [59] Both parties argue that the intention is clea......
-
Xu v. Hu,
...para. 45. [13] The onus of establishing each of the certainties lies with the party asserting the trust’s existence: McInerney v. Laass, 2015 BCSC 1708 at para. 36. The standard of proof is the usual civil balance of probabilities: Pavlovich v. Danilovic, 2020 BCCA 239 at para. 27. [14] Cer......
-
Virk v. Singh, 2020 BCSC 225
...Weatherill noted that the court can consider the conduct of the parties to determine certainty of intention in McInerney v. Laass, 2015 BCSC 1708: [40] Certainty of intention is a question of fact. In the absence of formal documentation creating a trust, the court may infer an intention to ......
Request a trial to view additional results