This week on Hull on Estates, Chris Graham and David Smith revisit the decision of the Supreme Court of Canada and Pecore. This case considered the approach taken by Pecore.

The following issues are examined:

• Applying the presumption of resulting trusts to various fact scenarios.

•  Evidence required to rebut the presumption for different classes of asset.

• Types of corroboration permissible under the Evidence Act to rebut the presumption.

If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.

Christopher M.B. Graham – Click here for more information on Chris Graham.

David M. Smith – Click here for more information on David Smith.

This week on Hull on Estate Rick Bickhram and Nadia M. Harasymowycz discuss proprietary estoppel, what it is and the three specific elements that are necessary to establish proprietary estoppel.

If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.

This week on Hull on Estates, Sharon Davis and Craig Vander Zee discuss two rules which arise when a trustee mixes trust funds with personal assets and when a trustee mixes assets from one trust with one or more trusts. These rules are called the rule in Re Hallets’s Estate and the rule in Clayton’s Case.

As discussed in the podcast, more information on these rules can be found in “The law of trusts: a Contextual Approach”  By Mark R. Gillen and Faye Woodman.

If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.