“A resulting trust arises when title to property is in one party’s name, but that party, because they are a fiduciary or gave no value for the property, is under an obligation to return it to the original title owner: Pecore v. Pecore, 2007 SCC 17 at para. 20. The presumption of resulting trust is a rebuttable presumption of law: where a transfer is made for no consideration, the onus is placed on the transferee to demonstrate that a gift was intended. This is because equity presumes bargains, not gifts: Pecore, at para. 24.
The purchase money resulting trust is a type of gratuitous transfer resulting trust, where a person advances a contribution to the purchase price of property without taking legal title; gratuitous transfer resulting trusts presumptively arise any time a person voluntarily transfers property to an unrelated person or purchases property in another person’s name: Nishi v. Rascal Trucking, 2013 SCC 33 at para. 21. In the context of a purchase money resulting trust, the presumption is that the person who advanced purchase money intended to assume the beneficial interest in the property in proportion to his or her contribution to the purchase price: Nishi, at para. 29.”