The recent Ontario Superior Court case of Moody v Hirsh explores the issue of when a plaintiff is able to trace the money he or she paid to a defendant into the defendant’s own property. The decision demonstrates that the circumstances in which a court will make an order imposing a constructive trust over the defendant’s property […]
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In certain circumstances, a court may determine that even though property is held in the name of the deceased, another person has a right to that property by virtue of his or her contributions to it. Where certain legal requirements are met, a court application may be brought for a declaration that property is held in trust for someone other than the legal owner.
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