What is the test for a common continuing intention?

British Columbia, Canada


The following excerpt is from Capstone Power Corporation v. 1177719 Alberta Ltd., 2016 BCSC 1274 (CanLII):

The “common continuing intention” must be a specific, rather than a general, common intention. What constitutes sufficient specificity of intention will depend on the context and circumstances of each case; McPeake v. Canada (Attorney General), 2012 BCSC 132 at paras. 17-18 [McPeake].

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