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At common-law, where a property is purchased with one person's money and title is put in the name of another, there is a presumption that the title holder holds title in trust for the person who contributed the money.

The recent case of Palkowski v. Ivancic provides an excellent illustration of the extent to which the court will strive to use all the tools at its disposal to create a result that is fair, even when neither party to the dispute deserves favourable treatment.