COURTOREILLE v MELCHIOR

The Applicants applied for Summary Judgment against the Respondent and the Respondent cross-applied for Summary Dismissal of the Applicants’ Action.

The Applicants argued that the facts of the claim gave rise to the equitable remedy of a resulting trust. The Respondent argued that the Applicants did not plead a resulting trust in the Statement of Claim. The Court noted that Rule 13.6 requires pleadings to state the facts on which a party relies, matters that defeat or raise a defence to a claim of another party, and remedies claimed. The Court found that the Statement of Claim plead sufficient facts to give rise to a claim of resulting trust.

The Court, however, granted the Respondent’s Summary Dismissal Application; it found that the Respondent rebutted the presumption of resulting trust.