The appellant appealed a trial judge's finding that the transferors of property did not intend to create a trust.
The Court of Appeal held that the intention to create a trust is a finding of fact, reviewable only for palpable and overriding error.
The court found that the mere presence of the words 'in trust' in the transfer document was not determinative, and there was evidence supporting an absolute transfer, including nominal consideration and the transferee's labour and devotion to his parents.
The appeal was dismissed.
