The principles applicable to this mode of making a gift are perfectly clear. One would also note the Statute of Frauds , R.S. 1989, c. 442, requires a trust in land to be in writing. To satisfy such an action there must be proof of an enrichment, a corresponding deprivation and the absence of a juristic reason for the enrichment. If those elements have been proved there can be remedy for payment of services on a quantum meruit basis or by establishing a constructive trust. To support the presence of a constructive trust it must be proved that the contribution of a plaintiff has a direct link to the property which is subject to the trust.
Words are apt to create a trust if the intention of the settlor is clear.
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